ADELEKE
V.
AKINYELE LOCAL GOVERNMENT

(2011) JELR 46193 (CA)    

Court of Appeal  ·  CA/I/30/2004 ·  31 May 2011 ·  Nigeria
CORAM
STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellants
evidence
plaintiffs
counsel
issues
n.w.l.r part
locus standi
statement of claim
agricultural purposes
land use act
learned trial judge
lower court
brief of argument
notice of acquisition
joint owners
local government
above given reason
acquired land
acts of possession
a.n.l.r. part
champions of the rights
community leaders
compulsory acquisition of the plaintiffs land
considered judgment
determination of the capacity
end of the case
entirety appellants
joseph shagbaor ikyegh
leading judgment
learned counsel
notice of appeal
ors v. prince micheal oyetunji
owners of the land
parcel of land
prima facie case
proven owner
public lands acquisition of oyo state
purpose of the acquisition
representative of their respective families
requisite facts
rules of this court
scnj page
sufficient acts of possession
summary of the case
trial court
view of the evidence

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of an Oyo State High Court of Justice sitting at Ibadan delivered on the 15th of May, 2003. The court dismissed the suit in its entirety.

The Appellants by their claims endorsed on their writ of Summons and their Statement of Claim instituted are seeking the following reliefs:

(a) Declaration that the notice of acquisition under the Public Lands acquisition of Oyo State and the Land Use Act 1978 of the parcel of land between Aregbe to Olorisaoko Village along Ijaiye Road, Moniya and Abedo Isabiyi along Oyo Road, Moniya Akinyele Local Government by the , defendant is irregular, null and void.

(b) An order setting aside the said acquisition under the Public Acquisition Law of Oyo State and the Land Use Act 1978.

Pleadings were filed and duly exchanged by the parties. The summary of the case is that the Plaintiffs who are now Appellants before this court instituted an action against the Defe…

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