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ONISESE
V.
OYELEYE

(2007) JELR 52417 (CA)

Court of Appeal 11 Jul 2007 Nigeria
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Case Details

Suit Number:CA/IL/54/2005
Judges:TIJJANI ABDULLAHI JCA (Presided) HELEN MORONKEJI OGUNWUMIJU JCA IGNATIUS IGWE AGUBE JCA (Read the Lead Judgment)
Counsel:A.B. Jimoh Esq. - for the Appellant. -*- Tunde Falola Esq. (with him, Friday Nwuhuo Esq. and Odemi Omonuwa (Miss) - for the Respondent.

AGUBE JCA (Delivering the Lead Judgment): At the High Court of Justice Ilorin, on behalf of Alao Gambari Gurumoh family, the plaintiff/ appellant by his writ of summons dated 17 March 1999 and filed on the 18

March 1999, together with his amended statement of claim filed on 29 November 1999, claimed as follows from the defendant/respondent: “(a) A declaration that the plaintiff’s family (Alhaji Gambari Gurumoh) is the customary owner of the parcel of land measuring thirty plots situate, lying and being at Kulende near Niger River Basin, Ilorin to the exclusion of the defendant or any other person(s).

A declaration that the purported sale of part(s) of the said land by Madam Ode Alao Gurumoh to the defendant (if any) , is null and void and of no effect whatsoever.

A perpetual injunction restraining the defendant, his agents, servants, privies or any other person(s) deriving authority from him from commission of further acts) of trespass on the plaintiff’s family land.”

Pleadings were exc…

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