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MICHAEL
V.
ODU'A INVESTMENT COMPANY LTD

(2017) JELR 38049 (CA)

Court of Appeal 15 May 2017 Nigeria
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- The dispute concerned ownership of Quarter 785, Jericho, Ibadan, which Oyo State Government sold to the appellant after ejecting Odua Investment Company Ltd (respondent), who claimed entitlement by virtue of government vesting instruments

Case Details

Suit Number:CA/IB/523/2014
Judges:MODUPE FASANMI Justice of The Court of Appeal of Nigeria HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria NONYEREM OKORONKWO Justice of The Court of Appeal of Nigeria
Counsel:A.A. Olatunji For Appellant Kolawole Fatoye For Respondent

NONYEREM OKORONKWO, J.C.A. (Delivering the Leading Judgment): This appeal arose from the judgment of the Oyo State High Court as given by Hon. Justice M.O. Ishola on 26th September, 2014 in suit No. 1/1238/2014 in which the trial Court granted the reliefs of (1) declaration to ownership of Quarters 785 Jericho Ibadan, (2) N20,000.00 nominal damages and (3) perpetual injunction against the defendant in favour of the claimant therein.

The defendant, being dissatisfied, as appellant lodged this appeal through the Notice of Appeal filed 29th September, 2014 at pages 206 207 of the record wherein the sole ground of appeal (before an amendment) was thus:

GROUND 1:

The learned trial judge erred in law when he declared the Respondent as the lawful owner of the property known as Quarter 785, Jericho GRA, Ibadan via Oyo State Gazette Number 9, Volume 15 of 22nd February, 1990 part II under the States (Creation and Transitional Provisions) Decree 1997 No. 17 and Commodities Board Decree No. 29 as I…

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