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TITILOYE & ORS.
V.
OLUPO & ORS.

(1991) JELR 43031 (SC)

Supreme Court 4 Oct 1991 Nigeria
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- The plaintiffs appealed against the dismissal of their claim by the Court of Appeal, seeking a declaration of ownership of a piece of land and the setting aside of a Certificate of Occupancy issued to the defendants. - The trial court and

Case Details

Suit Number:SC.23/1989
Judges:MOHAMMED BELLO Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria EPHRAIM OMOROSE IBUKUN AKPATA Justice of The Supreme Court of Nigeria PAUL KEMDILIM NWOKEDI Justice of The Supreme Court of Nigeria
Counsel:Chief A. Babalola, SAN (with him, L. O. Fagbemi, B. O. Adesanya and E.C. Anyanwu) For Appellant J.O. Ijaodola - for the 1st - 3rd RespondentsS.O. Otu, Ag. Director of Civil Litigation, Kwara State Ministry of Justice - for the 4th & 5th Respondents For Respondent
Other Citations:Titiloye v. Olupo (1991) 7 NWLR (Pt.205)519 (1991) 9-10 SCNJ 122 (1991) 9-10 S.C 120

S. KAWU, JSC (Delivering the Leading Judgment): This is a further appeal by the plaintiffs in this case against the dismissal, by the Court of Appeal, Kaduna Division, of their appeal against the decision of Orilonise, J. sitting in an Omu-Aran High Court. In the High Court, the appellants, as plaintiffs had instituted an action against the respondents, claiming in paragraph 29 of their amended Statement of Claim, as follows:

"(i) A declaration that the Plaintiffs being occupiers and holders of the piece and parcel of land situate and lying at Atankoro Area, Esie measuring about 500 hectares under customary Rights are persons deemed to be holders or occupiers to whom a customary right of occupancy had been entitled to be issued with customary rights of occupancy on the land upon application.

(ii) That issuance of customary and statutory right of occupancy C of O No. 6322 in favour of 2nd defendant by the 4th and 5th defendants in and over the said land is vitiated by irregularities ab…

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