Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ADEGBANKE
V.
OJELABI & ORS

(2021) JELR 108757 (SC)    

Supreme Court  ·  SC.115/2008 ·  4 Jun 2021 ·  Nigeria
CORAM
Mary Ukaego Peter-Odili, JSC Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC Ejembi Eko, JSC Ibrahim Mohammed Musa Saulawa, JSC Adamu Jauro, JSC

Ratio Decidendi

MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Ibadan Division or Court below or lower Court, Coram: M.D. Muhammad, J.I. Okoro JJCA (as they then were) and A.P.E Awala JCA.

The Court below allowed the appeal of the respondents herein by its decision of 18/04/2007 and it is against that judgment that the appellant has come to the Supreme Court.

BACKGROUND FACTS

By its Writ of Summons filed on the 17th March, 1998, the Plaintiff/appellant claimed as follows:-

(1) A declaration that the Plaintiff's i.e Akinsanya Akanji Section of Ajayi Family of Jagun Sodeke Compound, Ilora, is entitled to a right of occupancy over all that land known as Igbo Ede lyin and being along Ilora-ljaye Road, Ilora in Afijo Local Government Area of Oyo State.

(2) An order setting aside the grant to the 1st Defendant by the 3rd Defendant through the 4th Defendant of Certificate of Occupancy No.22/22/2378 dated 26/5/81 and No. 30/30/3150…

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