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(2014) JELR 39944 (CA)

Court of Appeal 7 May 2014 Nigeria
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- This case involves an appeal against a judgment of the High Court of Lagos State in a dispute over ownership of a property. - The appellant claims that he was allocated the property in 1962 and lived there with his family until he was for

Case Details

Suit Number:CA/L/795/2009
Judges:AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria
Counsel:Essien Udom Esq., with Inyang Udo Ewa and Emola Asino For Appellant C. H. Nwuke Esq., with C. C. Udeolisa Esq., for the 1st Respondent.M. J. Onigbanjo San with Temitope Atiba for the 2nd - 4th Respondents. For Respondent

CHINWE EUGENIA IYIZOBA, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Oshodi J. of the High Court of Lagos State Ikeja Judicial Division, in Suit No ID/486/07 delivered on 31st day of March 2009 wherein his Lordship dismissed the appellant's claim for possession and damages against the 1st Respondent in respect of the disputed property on the ground that the appellant is estopped from claiming ownership of the property having earlier relinquished ownership to his deceased ex wife as he indicated in Exhibit H, his letter to his daughter, the 4th Respondent.

The Appellant's case is that in 1962 he was allocated a plot of land described as Plot 5 Block 19, Extension to Shomolu Scheme, Ikeja now known as No. 4 Sylvia Crescent Anthony Village, Lagos, by the defunct Ikeja Planning Authority. He built a two-storey house and boy's quarters on the land and moved into the property with his wife and family sometime in December, 1962. The Appellant lived on the …

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