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AWOYEMI SELIAT & ANOR
V.
NURUDEEN KAZEEM & 2 ORS

(2024) JELR 114050 (CA)

Court of Appeal 12 Jul 2024 Nigeria
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- The Appellants (Claimants at trial) sought a declaration of title, damages for trespass, and injunction over Atoyo-Oga farmland in Ogun State, while the Respondents counter-claimed for declaration of title and related reliefs over the sam

Case Details

Suit Number:CA/IB/274/2021
Judges:JOSEPH OLUBUNMI KAYODE OYEWOLE, JCA ABBA BELLO MOHAMMED, JCA JANE ESIENANWAN INYANG, JCA
Counsel:B. O. Olaniyan, Esq., for the Appellants. S. O. Giwa, Esq., for the Respondents.
Location:Abeokuta

JANE ESIENANWAN INYANG, JCA (DELIVERING THE LEADING JUDGEMENT): This Appeal is against the Judgment of the High Court of Justice, Ogun State coram Agbelu, J., sitting in the Sagamu Judicial Division, (the Lower Court) delivered on 22nd February, 2021, wherein judgment was entered against the Claimants and in favour of the Defendants vide their Counter-Claim.

Piqued by the decision of the Lower Court, on 12th March, 2021, the Appellants filed a Notice of Appeal which was predicated on four grounds.

The facts of the case which led to this Appeal are that the Appellants as Claimants in an Amended Writ of Summons and Statement of Claim in Suit No: HCS/134/2004 on 6th March, 2018 sought the following reliefs:

A. Declaration that the Claimant’s family is entitled to the ownership and or statutory right of occupancy on the entire Atoyo-Oga farmland in Atoyo-Oga Village, Ofin, Sagamu, in Sagamu Local Government Area of Ogun State which land is particularly bounded on its sides by (1) Ibelefun-Li…

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