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OLAGBENI
V.
OYEWUSI & ORS

(2013) JELR 35907 (CA)

Court of Appeal 1 Feb 2013 Nigeria
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Case Details

Suit Number:CA/I/147/08
Judges:M.B. DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria
Counsel:I.G. Orji holding the brief of Olugbenga Ogunniran Esq.; For Appellant Kunle Sobaloju Esq. with Raphael Agbanyi for the 1st - 9th Respondents10th - 11th Respondents served but absent. For Respondent

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Oyo State, sitting at Ogbomoso Judicial Division delivered by Mas'ud A. A. Abbas, J delivered on 7th March, 2007.

The Appellant herein was the 3rd Defendant while 1st-9th Respondents were the 1st to 9th Plaintiffs and the 10th-11th Respondents were the 1st and 2nd Defendants in the trial court.

The background facts are that the 1st Respondent as 1st Plaintiff sued in a representative capacity for himself and on behalf of Ikolaba Ayoola Chieftaincy Family, and the 2nd to 9th Respondents as the 2nd to 9th plaintiffs who sued for themselves and other Farm Settlers of Ogbomoso Farm Settlement sued the 1st, 2nd and 3rd Defendants now Appellant, 10th and 11th Respondents for the following reliefs as stated in paragraph 55 of the Claim as follows:

"55 WHEREOF the Plaintiffs claim as follows:-

(i) DECLARATION that the purported transfer, grant of the land in dispute situate, ly…

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