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OYEBODE
V.
OLOYEDE

(1999) JELR 43527 (CA)

Court of Appeal 20 Jan 1999 Nigeria
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- The appellant (plaintiff) sought declarations that a Deed of Assignment transferring his interest in a property to the respondent (defendant) was illegal and void, challenged the legality of the respondent’s forcible entry and removal of

Case Details

Suit Number:CA/I/3/94
Judges:ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria MURITALA AREMU OKUNOLA Justice of The Court of Appeal of Nigeria DALHATU ADAMU Justice of The Court of Appeal of Nigeria
Counsel:O. Akinrinade Esq For Appellant O. Akinyele Esq For Respondent
Other Citations:OYEBODE v. OLOYEDE (1999) 2 NWLR, pg. 523 AMOS OLADEJO OYEBODE v. SAMUEL OLOYEDE

MUKHTAR, J.C.A. (Delivering the Leading Judgment): The appellant in the Osun State High Court sitting at Ile Ife filed the following claim against the respondent as per writ of summons.

1. A declaration that the Deed of Assignment purportedly entered into and/or executed by both parties in the house of the Defendant on the 11th day of January, 1990, assigning the Plaintiff's interest in his property, a storey building at Oke Ola Area, Gbogan Oshun State of Nigeria, is illegal, null and void and of no effect whatsoever.

2. A Declaration that the Defendant's forcible entry and breaking into the Plaintiff's storey building and the consequent removal of all the properties owned by the Plaintiff without an order of Court is illegal.

3. A Declaration that the One hundred per cent interest charged on the sum of N16,000.00 (Sixteen Thousand Naira) taken as loan by the Plaintiff from the Defendant is a flagrant breach of the money lenders' law Cap. 74 Vol. IV Laws of Oyo State 1978.

4. A decl…

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