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BAMIGBADE & ANOR
V.
ADEYERI & ORS.

(2012) JELR 48566 (CA)

Court of Appeal 6 Dec 2012 Nigeria
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- Plaintiffs, representing the Sao Agbadamu family, sought a declaration of title to family land, an account for rents collected by the defendants, and general damages, following the defendants’ alleged refusal since 1998 to yield family la

Case Details

Suit Number:CA/EK/50/2011
Judges:JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria EJEMBI EKO Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria
Counsel:Mr. Taiwo Ogunmoroti For Appellant Mr. Oluwayomi Ojo for the Respondents holding brief for Mr. Olabanjo Ayenakin For Respondent

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of High Court of Justice, Ikere-Ekiti Division in Ekiti State in Suit No.: HCR/1/2007 - EMMANUEL BAMIGBADE and 1 OTHER V. THOMAS OJO ADEYERI and 2 OTHERS delivered on 29th day of March, 2011.

Briefly the facts of the case are that the Plaintiffs now Appellants in a representative capacity instituted an action against the Defendants now Respondents also in a representative capacity at the lower court in which they claimed as follows:

"(1) A declaration that the plaintiffs are the persons entitled to the Statutory Right of Occupancy in respect of a parcel or piece of land situate lying and being at the Sao Agbadamu family Compound Uro Quarters, Ikere-Ekiti, Ekiti State.

The parcel of family land is bounded as follows:-

(i) On the 1st side by Adidemoyan house now inherited by the 1st Plaintiff.

(ii) On the 2nd side by Okearo land now owned by Sam Aluko.

(iii) At the 3rd side by Atiba Str…

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