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ALHAJI LASISI A. SULAIMON & ORS v. RAIMI AJIBOLA & ORS

(2018) JELR 38387 (CA)

Court of Appeal  •  CA/L/72/2001  •  18 May 2018  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; YARGATA BYENCHIT NIMPAR JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): By the endorsements on the Appellants' writ of summons taken out of the Registry of the Lagos State High Court in Suit No: LD/2599/1996, they claimed the following reliefs against the Respondents.

1. A Declaration that the Plaintiffs are entitled to the statutory right of occupancy to all that piece or parcel of land situate, lying and being at Yidi Road, off Mathew street, Pero, Agege, more particularly delineated on Survey Plan No:OG/5/64 dated 22nd February, 1964 drawn by Licensed Surveyor Akin Ogunbiyi.

2. AN Order setting aside the Certificate of Occupancy issued to the Defendants Deed of Ratification in favour of the Defendants and any other documents whatsoever described purportedly covering any interest title or claim on the Defendant as same is caught by the Doctrine of Nemo Dat Quod Non Habet and contrary to the provisions of the Land Use Decree 1978.

3. AN ORDER of perpetual injunction restraining the Defendants, …

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