ALH. JIMOH AJADI SUU V. JOBAK NIGERIA LTD.

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): The Appellant in this appeal who was the claimant at the lower court appealed against the judgment of Honourable Justice Halimat Saleeman, Kwara State High Court, in suit No. KWS/223/2005, delivered on 24th April, 2009 whereof the trial judge dismissed the claim for declaration of title, injunction and damages sought by the claimant in respect of the land in dispute, measuring 100 by 125 feet (2 1/2 plots), situate at Ita-Ayisa on the right hand side of Ilorin - Ajase Ipo Road, Ilorin, located within Ilorin west Local Government - Area of Kwara state.

The claimant had sought a declaration that he was the deemed holder and entitled to statutory right of occupancy over the said land and an injunction restraining the Defendant (Respondent herein), its servants, agents and privies and any other person(s) claiming through under it from developing, building or selling, disposing, alienating, or in any manner, dealing with and/or tr…