(2021) JELR 108943 (CA)    
Court of Appeal  ·  CA/IB/260/2016 ·  13 Sep 2021 ·  Nigeria
Onyekachi Aja Otisi Justice of the Court of Appeal Ugochukwu Anthony Ogakwu Justice of the Court of Appeal Folasade Ayodeji Ojo Justice of the Court of Appeal

FOLASADE AYODEJI OJO, J.C.A. (Delivering the Leading Judgment): The instant appeal is against the judgment of the High Court of Ogun State holden at Sagamu in SUIT NOS: HCS/172/2014 BETWEEN ABIODUN SHOBOWALE BANKOLE OTASANYA as CLAIMANT and (1) CHIEF BABATUNDE OJELADE (BAALE OF MOWE, OGUN STATE) and (2) CHIEF JIMOH ADEBAYO (BAALE OF IMEDU-NLA, OGUN STATE) as DEFENDANTS, delivered on 13th of April, 2016. The lower Court in its judgment dismissed the case of the Appellant who was the Claimant.

The claim of the Appellant as contained in the 1st Amended Statement of Claim which is the process on which the case was fought at the lower Court is as follows:

“WHEREOF the Claimant claim against the Defendants as follows:

1. A declaration that the Defendants do not have any portion of land covered by survey plan No. AP 1245 dated 12/08/1985 measuring area 309.641 acres (125.310 hectares) drawn by Adio B. Apatira licensed Surveyor located and being at Alahun Village, off Simawa Road, Sagamu Local G…

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