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MOJEED YUSUF & ORS V. ALHAJI GANIYU AKANDE & ORS.

(2011) JELR 33885 (CA)

Court of Appeal  •  CA/I/120/2006  •  29 Mar 2011  •  Nigeria

Coram
STANLEY SHENKO ALAGOA JCA; MODUPE FASANMI JCA; JOSEPH SHAGBAOR IKYEGH JCA;

Judgement

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of an Oyo State High Court sitting at Ibadan delivered on the 10th of Nov. 2004. The Respondent who was the Plaintiff at the lower court instituted proceedings against the Appellants claiming the following reliefs:

(i) Declaration that the Plaintiff is entitled to a Statutory Right of Occupancy in respect of land situate and being at along Express Road near Podo Village, Ibadan bounded by the Lagos-Ibadan express road and measuring 3,053 hectares.

(ii) Declaration that the transfer of part of the said piece of land by the 1st-3rd and 5th Defendants to the 4th Defendant is unlawful, illegal null and void.

(iii) Perpetual injunction restraining the Defendants whether by themselves, their servants, agents and/or privies otherwise howsoever from committing further acts of trespass or disturbing the peaceful possession of the Plaintiff in respect of the land situate and being at express road, n…

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