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ADENIYI
V.
OROJA

(2006) JELR 56436 (CA)

Court of Appeal 13 Feb 2006 Nigeria
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- The case involves a dispute over land ownership between the plaintiffs/respondents and the defendants/appellants. - The plaintiffs claim that their forefather was the first to settle on the land, while the defendants claim that their ance

Case Details

Suit Number:CA/L/166/2002
Judges:ISA AYO SALAMI JCA (Presided) MUSA DATTIJO MUHAMMAD JCA CLARA BATA OGUNBIYI JCA (Read the Lead Judgment)
Counsel:M.A Bashua SAN (with him, A. J. Bashua) - for the Appellants. -*- Prof. A. B. Kasunmu SAN (with him, Mrs. O. T. Adekoya) - for -*- the Respondents.

OGUNBIYI JCA (Delivering the Lead Judgment): By a writ of summons dated 12th May, 1986, the plaintiffs/respondents sought against the defendants’ family for a declaration that they are entitled to customary right of occupancy, trespass and injunction in respect of a parcel of land at Meran village in Agege. The plaintiffs’ claim as per their amended statement of claim at pages 5 - 9 and reply with defence to counter- claim at pages 16 - 24 of the record accordingly. The defendants also filed a statement of defence and counter-claimed against the plaintiffs for declaration of right to statutory customary right of occupancy to a large area of land which includes the land in dispute at Meran. The plaintiffs/respondents on the one hand claimed an entitlement to the right on the ground that their forefather Adeluola, over 200 years A ago, was the first to settle on a large parcel of land, which includes the farmland, the land in dispute. On the other hand, the defendants/ appellants clai…

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