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OLALEYE & ANOR
V.
ADEJUMO & ANOR

(2004) JELR 44997 (CA)

Court of Appeal 24 May 2004 Nigeria
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Case Details

Suit Number:CA/I/115/95
Judges:SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria
Counsel:Okoro, Esq. (Mrs) A. Oladeji, Esq. For Appellant R. O. Ayoola (Alhaja) (holding Chief Longe's brief) For Respondent
Other Citations:Olaleye v. Adejumo (2005) 10 NWLR (Pt.933)429

IBIYEYE, J.C.A. (Delivering the Leading Judgment): The two appeals in this case were separately initiated by notices of appeal of the 1st and 2nd defendants against the judgment of Somolu, J. of Ilaro Judicial Division of the High Court of Justice, Ogun State. The judgment which was peculiarly titled 'Ruling and judgment' was delivered in favour of the plaintiffs on the 23rd day of April, 1991.

In paragraph 20 of the amended statement of claim in which the two plaintiffs sued for themselves and Olaonipekun Adejumo family of Odan Agbara the following reliefs were sought against the two defendants:

"1. Declaration that the plaintiffs are the persons entitled to the right of occupancy of all that piece or parcel of land situate at Odan Agbara village which piece or parcel of land is shown on plan No. APAT/06/159/1987.

2a. Declaration that any notice of acquisition, and compulsory acquisition of the land in dispute under the Public Lands Acquisition Law of Ogun State, is unconstitutional…

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