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AGBOKE & ANOR.
V.
IGBIRA & ANOR.

(1997) JELR 45416 (CA)

Court of Appeal 28 Apr 1997 Nigeria
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Case Details

Suit Number:CA/I/217/91
Judges:ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria MURITALA AREMU OKUNOLA Justice of The Court of Appeal of Nigeria DALHATU ADAMU Justice of The Court of Appeal of Nigeria
Counsel:T.E. Williams For Appellant 1st Respondent absent and unrepresentedChief Olufemi Ojugbele (served but absent) For the 2nd respondent For Respondent
Other Citations:Agboke v. Igbira (1997) 9 NWLR (Pt. 519)

OKUNOLA, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of the Ogun State High Court holden at Abeokuta presided over by Oduntan J. dated 16/2/89 'whereby the plaintiffs' claims were dismissed in all its entirety.

The facts of this case briefly put were as follows:-

The appellants herein as plaintiffs took out a Writ of Summons against the respondents herein as defendants seeking the following interlocutory and injunctive reliefs viz:

(a) For a declaration that the purported sale of the land in dispute shown on Plan No. ALS/OG214C/84 dated 28/5/84 by the second defendant to the first defendant is void.

(b) For a declaration that the plaintiffs and the second defendant are jointly entitled to a right of occupancy in respect of the said piece of land (4.686 hectares) situate at Ntabe Village in Ijoko Town, Ogun State shown on plan NO. LAY/315/88/0G.

(c) Trespass against the first defendant for illegal occupation of the said land.

(d) Damages of N500.00…

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