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PASTOR JOSEPH KEHINDE PHILLIPS SOMIDE V. ALHAJI LASISI OLALERE OGANLA & ANOR

(2017) JELR 38075 (CA)

Court of Appeal  •  CA/IB/345/2013  •  24 Feb 2017  •  Nigeria

Coram
CHINWE EUGENIA IYIZOBA JCA; HARUNA SIMON TSAMMANI JCA; NONYEREM OKORONKWO JCA;

Appearances
Akinsumbo Akande, Esq. with him, Adenike Ajenifuja (Miss), Mrs. O.S. Yusuf and Adenuga Olusegun (Miss) For Appellant A.A. Shelle (Miss) For Respondent

Judgement

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the Oyo State High Court of Justice, sitting at Ibadan; Coram: M. F. Oladeinde, J delivered on the 30th day of April, 2013 in Suit No: I/305/2009.

The Appellants on record were the Plaintiffs in the trial Court. By a Writ of Summons and Statement of Claim both dated the 2nd day of February, 2009 and filed on the 4th day of March, 2009, claimed against the Respondents as Defendants as follows:

(a) A declaration that the Plaintiff as successor-in-title to the late Chief P. K. Somide is entitled to the possession of the two large expanses of land measuring 9.789 Acres and 1588.70 Square Yards of land covered by the Conveyance Registered of No.14 at page 14 in Volume 1236 at the Land Registry, Ibadan, and particularly described and delineated by dispute Survey Plan No. OY/01/156/2008/002 dated 3/12/2008 drawn by Surveyor A. O. Adebogun.

(b) A perpetual injunction restraining the Defendant…

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