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OLAGUNJU
V.
ADESOYE

(2003) JELR 53514 (CA)

Court of Appeal 22 Jan 2003 Nigeria
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- The case involved competing claims to a parcel of land in Offa, Kwara State, between the appellant’s family (Ojomu-Doyin) asserting ancestral ownership and the 1st respondent (Chief E.O. Adesoye) holding a statutory right of occupancy gra

Case Details

Suit Number:CA/IL/20/2002
Judges:MURITALA AREMU OKUNOLA, JCA PATRICK IBE AMAIZU, JCA WALTER S. NKANU ONNOGHEN, JCA
Counsel:O. Mohammed Esq. (with him, Hauwa Shuaib Esq.) for the Appellant; Adetunji Oyeyipo Esq. (with him, Oladipo Tolani Esq.) for the 1st Respondent; T. O. Ashaolu Esq., Att.-Gen., Kwara State (with him, S. O. Ishola Esq., S. C. I.) for the 2nd Respondent.

ONNOGHEN, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Justice of Kwara State, sitting at Ilorin, delivered by Hon. Justice T. A. Oyeyipo, Chief Judge, on 9th May, 2002, in a consolidated suit Nos. KWS/OF/19/94 and KWS/OF/21/94. In suit No. KWS/OF/19/94, the 1st respondent as plaintiff claimed against the appellant and 2nd respondent as follows:

“A. A declaration that the certificate of occupancy No. KW5676 dated 4/8/86 registered as No. 247 at page 247 in volume XVI at the land registry, Ilorin and subsequently extended by certificate of occupancy No. KW5676 and registered as 230 at page 230 in volume XVII was validly issued.

B. A declaration that the plaintiff is entitled to the grant of certificate of occupancy No. KW5676 and entitled to quiet enjoyment.

C. A declaration that the plaintiff having paid all the holders compensation for improvement and economic trees is entitled to undisturbed possession. AND

D. Perpetual injunction re…

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