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KASANDUBU
V.
ULTIMATE PETROLEUM LTD

(2007) JELR 53903 (CA)

Court of Appeal 26 Jun 2007 Nigeria
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Suit Number:CA/IL/47/2006
Judges:TIJJANI ABDULLAHI JCA (Presided) HELEN M. OGUNWUMIJU JCA (Read the Lead Judgment) IGNATIUS IGWE AGUBE JCA
Counsel:A. A. Ibraheem - for the Appellants. -*- O. J. Adeseko - for the 1st Respondent. -*- S. A. Mohammad, Solicitor-General, Kwara State (with him, J. A. Mumini D. P., W. A. Gegele PSC and A. A. Daibu SC 1) - for the 2nd Respondent.

OGUNWUMIJU JCA (Delivering the Lead Judgment): This is an appeal against the rulingof the High Court sitting in Ilorin presided over by his lorship Hon. Justice J. F. Gbadeyan upholding the preliminary objection of the respondents and striking out the suit at the lower court. The appellants , by writ of summons, filed a claim on 22/11/2005 for the following reliefs: Whereof the plaintiffs’ claims are ; A declaration that the plaintiffs are the persons entitled to the statutory right of occupancy to all the parcel of land lying and being at South Link Road, orAsa dam Area of Ilorin, Kwara A State measuring 1000ft by 55ft and covered by permit to alienate land No. 230 of 1977. A declaration that the certificate ofoccupancy No. KWS 8699 issued by the State Government to Kwara Supreme Social

Club of Nigeria is illegal, an abuse of due process, void and of no effect.

A declaration that the purported approval of sssignment by the Ministry of Lands and Housing, Ilorin of the parcel of land c…

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