RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): At the lower Court, the Claimants/Appellants had initiated an originating summons in Suit No IKD/M/8/2009 dated and filed on the 10th of February, 2009 against the Respondent, in that by virtue of
(1) The Letters of Administration (without will) No PHC. 2, 211/92 dated 20th November, 1992 of the real and personal property of Simeon Babatunde Adeola Ogunsanya of 22, Rademo Compound, Hundu Street, Ikorodu, Lagos State and
(2) The Certificate of Occupancy No 53/53/1996K dated 15th December, 1995 and registered as No 53 on page 53 in volume 1996K of the Register of Deed kept at the Lagos State Land Registry, Lagos, Nigeria.
they are the holders of the statutory right of occupancy of the land, pursuant to Section 34(2) of the Land Use Act, and are thereby entitled to possession. And that the person in occupation is/are in occupation without their licence or consent. - Page 1 of the Record of Appeal.
The originating summons is s…