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UNIVERSITY OF IBADAN v. GOVERNMENT OF KWARA STATE & ORS

(2012) JELR 41861 (CA)

Court of Appeal  •  CA/IL/8/2011  •  28 May 2012  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA; OBANDE F. OGBUINYA JCA;

Judgement

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This appeal is against the interlocutory Ruling of Honourable M. O. Adewara, J; of the High Court of Justice of Kwara State sitting at the Ilorin Judicial Division wherein he upheld the Preliminary Objection of the Defendants (now Respondents) and dismissed the Plaintiff's (now Appellant's) claim for being statute-barred. The Ruling was delivered on the 22nd June, 2010. It would be recalled that in both the endorsement on the writ of Summons dated 3rd August, 2009 and filed same date and in the Statement of Claim filed on the said 3rd day August, 2009, the Plaintiff sought for the following reliefs against the Defendants:-

"1. A declaration that the parcel of the land situate, known and addressed as No, 12 Ahmadu Bello way, Ilorin, Kwara State, was allocated to University of Ibadan by the then Northern Nigeria Government.

"2. A declaration that the Defendant have trespassed on the parcel or piece of land situate at No. 12 …

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