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MR AZEEZ SANNI & ANOR V. MALLAM AMINU AYINDE & ANOR

(2014) JELR 46795 (CA)

Court of Appeal  •  CA/IL/66/2012  •  21 Feb 2014  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; ISAIAH OLUFEMI AKEJU JCA; UCHECHUKWU ONYEMENAM JCA;

Judgement

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Kwara State, sitting at Ilorin, delivered on 21/5/13 in Suit No. KWS/21/2010 which the Respondents as claimants commenced through the writ of summons filed on 20/1/2010 for the reliefs stated therein and in paragraph 21 of the statement of claim filed therewith as follows:

1. A Declaration that the claimants are the customary owners of a parcel of land lying being and situate at Tanke Iledu, Ilorin measuring 30m x 60m illegally occupied by the defendants.

2. A Declaration that the claimants are entitled to statutory right of occupancy over the land in dispute.

3. A Declaration that the Defendants' entry unto the land in dispute is in trespass, and any certificate of occupancy obtained by the Defendants jointly or severally over the land in dispute is null, void and of no effect.

4. Perpetual order of injunction restraining the Defendants, by themselves, Agents, Ser…

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