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SARK POWER GENERATION NIGERIA LIMITED v. CHIEF OLUWO ODENEYE AKINWUNMI & ORS

(2014) JELR 36531 (CA)

Court of Appeal  •  CA/I/292/09  •  13 May 2014  •  Nigeria

Coram
MONICA B. DONGBAN-MENSEM JCA; CHIDI NWAOMA UWA JCA; HARUNA SIMON TSAMMANI JCA;

Judgement

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The 1st - 6th Respondents herein were the original Claimants at the High Court of Ogun State, Abeokuta Division, presided over by Jibodu, J. On 18th June, 2009, judgment was given in favour of the 1st - 6th Respondents in terms of the reliefs sought in their Writ of Summons and Statement of Claim. The Appellant's counter-claim was dismissed.

The 1st - 6th Respondents herein as claimants commenced the action at the lower court against the Appellant and the 7th Respondent herein (as Defendants) vide a writ of summons and statement of claim filed on 12th September, 2008 praying for the following reliefs:

(a) "Declaration that the disputed land measuring 6.581 hectares more particularly described and delineated on plan No. OG/1331/2008/86/D dated 08/09/2008 drawn by Festus A. Ogunleye, Registered Surveyor situated at Oke Afa village, Wasinmi, Obafemi Owode Local Government, Ogun State over which Plaintiff have been exercising max…

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