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ODUTOLA
V.
AJAO & 4 ORS

(2025) JELR 114206 (CA)

Court of Appeal 22 Jul 2025 Nigeria
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- The Respondents, as personal representatives of Late Chief Ajao, sued for damages and an injunction for alleged trespass on land forming part of Ajao Estate, Lagos, but the probate granted to them did not explicitly list the subject prope

Case Details

Suit Number:CA/L/490/2009
Judges:Yargata Byenchit Nimpar, JCA, Abdulazeez Muhammed Anka, JCA Uwabunkeonye Onwosi, JCA
Counsel:M. O. Abudu, Esq. For the Appellant. K. O. Carew, Esq. For the Respondent.
Location:Lagos

UWABUNKEONYE ONWOSI, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Justice, Lagos State, in the Ikeja Judicial Division, delivered by HON. JUSTICE T. A. O. OYEKAN ABDULLAI on the 22nd day of October, 2008, in Suit No: ID/1382/2007, wherein the ruling was in favour of the Respondents.

Dissatisfied with the decision, the Appellant filed a Notice of Appeal on the 5th day of November, 2008, setting out a lone ground of appeal.

BRIEF FACTS OF THE CASE

The Appellant (1st Defendant) with the 4th Respondent (2nd Defendant) and the 5th Respondent (3rd Defendant) were the Defendants before the lower Court, while the 1st to 3rd Respondents where the 1st to 3rd Claimant before the lower Court.

By virtue of the probate dated 12th October, 1963 granted by the High Court of Lagos State as amended by the Order dated 18th September, 1962, Respondents are the personal representatives of Late Chief Ajao who died on 21st June, 1962. While Late Chief Ajao was…

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