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ADEYEMI
V.
THE ESTATE OF DR. (CHIEF) VICTOR AWOSIKA (DECEASED) & ANOR

(2013) JELR 35982 (CA)

Court of Appeal 6 Mar 2013 Nigeria
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- The appeal arose from an interlocutory decision of the Ondo State High Court (Kumuyi, J.) refusing to strike out a suit for lack of jurisdiction and granting a restraining order against the appellant concerning the disputed land (Suit No.

Case Details

Suit Number:CA/AK/14/2010
Judges:KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Court of Appeal of Nigeria ALI ABUBAKAR B. GUMEL Justice of The Court of Appeal of Nigeria CORDELIA IFEOMA JOMBO-OFO Justice of The Court of Appeal of Nigeria
Counsel:Mr. Ekerete Udofot For Appellant Mr. O. O. Fakunle SAN with Mr. A. Saliu For Respondent
Other Citations:(2013) JELR 53149 (CA)

ALI ABUBAKAR B. GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the interlocutory decision of Kumuyi, J., of the Ondo State High Court delivered on 7th September, 2010 in Suit No. HOD/78/2010.

In a statement of claim dated and filed on 19th July, 2010, the respondents herein as the claimants, sought for the following declaratory and injunctive reliefs. They are: -

"(a) A declaration that plaintiffs are the joint owners in occupation and holder of the appropriate Certificate of Title (Deed of Sublease) in respect of the parcel of land Plots 282 and 283 Block XXIV situate and being at Ondo State Development and Property Corporation Housing Estate, Ondo along Ondo/Akure Road which title is registered as No. 23 in Volume 307 at the lands Registry in the office at Akure dated 20th July, 1989.

(b) A Declaration that the entry, occupation, exploitation and use/destruction by defendant of plaintiffs' land plots 282 and 283 Block XXIV housing estate Ondo situate and …

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