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SARK POWER GENERATION NIGERIA LTD
V.
AKINWUNMI & ORS

(2014) JELR 36531 (CA)

Court of Appeal 13 May 2014 Nigeria
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Case Details

Suit Number:CA/I/292/09
Judges:MONICA B. DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria
Counsel:Prof. Taiwo Osipitan (SAN) with Emmanuel Harrison Esq. Oluwatoyin Adisi and Tola Ogunlewe For Appellant Wunmi Okeremi Esq. with Kolawole Abiri, Oludotun Osho and Tosin Babatunde for 1st - 6th Respondents,7th Respondent served but absent For Respondent

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The 1st - 6th Respondents herein were the original Claimants at the High Court of Ogun State, Abeokuta Division, presided over by Jibodu, J. On 18th June, 2009, judgment was given in favour of the 1st - 6th Respondents in terms of the reliefs sought in their Writ of Summons and Statement of Claim. The Appellant's counter-claim was dismissed.

The 1st - 6th Respondents herein as claimants commenced the action at the lower court against the Appellant and the 7th Respondent herein (as Defendants) vide a writ of summons and statement of claim filed on 12th September, 2008 praying for the following reliefs:

(a) "Declaration that the disputed land measuring 6.581 hectares more particularly described and delineated on plan No. OG/1331/2008/86/D dated 08/09/2008 drawn by Festus A. Ogunleye, Registered Surveyor situated at Oke Afa village, Wasinmi, Obafemi Owode Local Government, Ogun State over which Plaintiff have been exercising max…

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