The respondent, plaintiff at the trial court sued the defendant now appellant for the following claims:-
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a
A declaration that the plaintiff is entitled to the statutory right of occupancy in respect of a piece of land at Inisanya Street, Ado-Ekiti
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b
An order setting aside any purported sale or grant of any part of the land to the 2nd defendant by the 1st defendant without the consent or authority of the plaintiff who owns the land.
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c
N500.00 general damages against the 1st and 2nd defendants for trespass committed and still being committed by 1st and 2nd defendants on the land.
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d
An injunction restraining the 1st and 2nd defendants, their agents,servants or privies from committing further acts of trespass on thesaid piece of land."
The defendant on the other hand counter-claimed for
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a
An Order revoking the Certificate of Occupancy registered as No 54,V1 page 54 Volume 278 at the Lands Registry, Akure as it was improperly obtained through fraudulent means
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b
A Declaration that the plaintiff is not entitled to the Statutory Right of Occupancy in respect of that piece of land at No 11, Inisanya Street, Ado-Ekiti.
After reviewing the evidence of both parties the trial Judge gave judgment in favour of the plaintiff. Being dissatisfied with the decision the defendant appealed to the Court of Appeal.
