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OLAFIMIHAN & 2 ORS
V.
IBIKUNLE & 2 ORS

(2024) JELR 112899 (CA)

Court of Appeal 25 Jul 2024 Nigeria
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- The dispute concerned competing claims to title and possession over approximately 33.5 hectares of land at Onjumo Area, Ayete-Tobalogbo Road, Idere, Oyo State, with the appellants relying on alleged ancestral ownership and inheritance, an

Case Details

Suit Number:CA/IB/529/2022
Judges:ITA GEORGE MBABA, JCA BALKISU BELLO ALIYU, JCA ABUBAKAR MAHMUD TALBA, JCA
Counsel:A. UTHMAN, ESQ. FOR THE APPELLANTS. F. O. ADENIYI ESQ. FOR THE RESPONDENTS.
Location:Ibadan

BALKISU BELLO ALIYU, JCA (DELIVERING THE LEADING JUDGMENT): This appeal is against the judgment of the High Court of Oyo State, sitting at Ibadan delivered on the 6th July, 2022 by Hon. Justice M. I. SULE in respect of Suit NO: HER/10/2013. The suit was commenced vide a writ of summons by the Appellants as the Claimants against the Respondents who were the Defendants at the trial Court. The Appellants’ claims per their writ of summons are for:

  1. A declaration that the Claimants are entitled to the certificate of customary right in respect of the piece and parcel of land situate, lying and being at Onjumo Area, along Ayete to Tobalogbo Road, Idere, covering about thirty-three and half (331/2) hectares of land in Ibarapa Central Local Government area, Igboora, Oyo State and delineated on a survey plan to be filed in this case.

  2. The sum of N5,000,000:00 (Five million Naira) representing the general damages against the Defendants jointly severally for trespass committed by the Defendants on th…

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