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MR SUNDAY TOWOJU v. ALFA SAKA SALAMI & ANOR

(2014) JELR 36362 (CA)

Court of Appeal  •  CA/IL/38/2014  •  23 Jun 2014  •  Nigeria

Coram
MOHAMMED LADAN TSAMIYA JCA; HUSSEIN MUKHTAR JCA; UCHECHUKWU ONYEMENAM JCA;

Judgement

UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): The instant interlocutory appeal culminates from the ruling of the High Court of Kwara State, Ilorin delivered on 19th June, 2013. In the said ruling delivered by Halima Saleeman J., the oral application to allow the Appellant produce a counter survey plan over the same Plot of land upon which the Kwara State Surveyor General had produced a plan, was refused.

Briefly, the facts that ushered the ruling under challenge is that sequent to the action of the Appellant against the Respondents at the High Court of Kwara State, Ilorin, Pre-Trial Conference (PTC) was commenced. During the PTC the parties agreed that the Kwara State Surveyor General should be commissioned to produce a plan of the land with the understanding that the 2nd Respondent's 4 plots of land covered by Certificate of Occupancy No. KW 110660 will be ascertained and the remaining portion of land adjudged the Appellant's land in view of his claim that he bough…

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