ADIGUN
V.
IBADAN NORTH LOCAL GOVT

(2016) JELR 46480 (CA)    

Court of Appeal  ·  CA/I/343/2014 ·  21 Mar 2016 ·  Nigeria
CORAM
HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria OBIETONBARA O. DANIEL-KALIO Justice of The Court of Appeal of Nigeria NONYEREM OKORONKWO Justice of The Court of Appeal of Nigeria
Core Terms Beta
respondent
learned trial judge
counsel
nwlr part
writ of summons
allegation of fraud
lower court
local government
civil procedure
exhibit c
order of specific performance
scm part
said land
act of trespass
civil proceedings
claims of the appellant
days of the date of this letter
documentary evidence
document exhibit b
evidence of payment
issue of legitimacy of the letter
such failure
above statement
allocation of a piece of land
allocation of land
appellants exhibits b
appellant tunji adigun
authenticity of the documents
case of the parties
civil case
clause iii of the said exhibit
combined reading of exhibit f
divergence of views
favor of the claimant
foundation of the claimants case
high court of oyo state
judgment of the high court of oyo state
judgment of the learned trial judge
land matter
pleaded position of the respondent
proof of his claim
quarters plot b7
record of any such transaction
respondent admitted exhibits b
said plot of land
shift of the burden of proof
specific performance of the lease contract
statement of claim show
sum of n87,000
written statement

OBIETONBARA DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): This appeal is over the judgment of the High Court of Oyo State in a land matter. The facts before the lower Court as pleaded in the Statement of Claim show that the Appellant Tunji Adigun (the Claimant in the lower Court) applied to the Ibadan North Local Government (the defendant in the lower Court) for the allocation of a piece of land to him. Consequent upon the application, the respondent granted the Appellant an allocation of land by way of a lease. The land is at Block/quarters 87, plot 2, Agodi GRA, Agodi, Ibadan. The appellant was requested to pay the sum of N87,000 for the allocation. He paid it and was issued with a Treasury Receipt No. A720774 of the Ibadan North Local Government dated 22/11/2002. Having paid the required fee, the appellant bought building materials preparatory to carrying out building construction work on the land. It was at that stage that he met a brick wall. The respondent refused to g…

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