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BOYE INDUSTRIES LIMITED & ANOR
V.
SOWEMIMO

(2009) JELR 47515 (CA)

Court of Appeal 10 Feb 2009 Nigeria
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- The plaintiffs (respondents) sought declarations of title, nullification of a certificate of occupancy issued to the 1st defendant (appellant), and an injunction against further trespass, while the defendants counterclaimed for damages fo

Case Details

Suit Number:CA/L/406/2001
Judges:ISA AYO SALAMI Justice of The Court of Appeal of Nigeria RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria REGINA OBIAGELI NWODO Justice of The Court of Appeal of Nigeria
Counsel:Oludotun Oduwobi with him A.A. Ajayi For Appellant K.O. Dawodu For Respondent

ISA AYO SALAMI, J.C.A. (OFR) (Delivering the Leading Judgment): The Plaintiffs now respondents instituted an action against the defendants, appellants herein, claiming as per their amended writ of summons and amended statement of claim as follows:-

"A declaration that the purported sale of the land in dispute to the Defendants and the subsequent purported certificate of occupancy issued to the 1st Defendant purportedly covering the land in dispute is null and void and of no effect for lack of title on the part of the 1st Defendant's vendors.

ii. A declaration that the 1st Plaintiff is entitled to the statutory right of occupancy over the land in dispute covering 1.452 hectres shown on survey plan No Kesh/L/775 A dated 7th January, 1980 opposite the International Trade Fair Complex along Badagry Express Road, Onireke, Lagos.

iii. A perpetual injunction restraining the Defendants by themselves, their agents, servants, privies and assigns from further trespassing on the land in dispute a…

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