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STERLING PLANTATION AND PROCESSING COMPANY LIMITED V. CHIEF SOLOMON AKOTEYON AGBOSU & ORS

(2013) JELR 34025 (CA)

Court of Appeal  •  CA/L/07/2008  •  11 Nov 2013  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; JOSEPH SHAGBAOR IKYEGH JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; J.C.A. JCA;

Appearances
Okechukwu Tagboo Dike For Appellant Dr. H. A. Olaniyan with Kola Faniran for the 1st - 4th Respondents.Adebayo Saliu Asst. Director (MOJ) Lagos for 6th Resp./Cross appellant's For Respondent

Judgement

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Lagos State delivered by H. A. O. Abiru J. on 17-4-2007 in suit No.ID/1725/2001. Wherein judgment was entered in favour of the claimants.

The claimants (now the 1st - 4th Respondents) had by a writ of summons and statement of claim dated 9 - 8-2001 brought an action in the High court of Lagos state, against the 1st, 2nd, 3rd and 4th defendants (now appellants) and 5th, 6th and 7th Respondents). By paragraph 12 of their amended statement of claim dated 24-1-2007 they claimed against the defendants as follows.

WHEREUPON the plaintiffs claim as follows:

1. "A DECLARATION that the Topo community is presently and immediately entitled to the reversion and/or possession of the piece or parcel of land more particularly described in the Lease Agreement dated the 14th June 1924 and registered as No.90/439/Vol.144 in the Lands Registry at Ikeja by virtue of said Lease …

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