MR. Iyiade Adisa Ajani & Anor V. MR. Lekan Akanji Ajani (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SOTONYE DENTON WEST, J.C.A.(Delivering the Leading Judgment)

This appeal is against the decision of the High Court of Osun State holden at lwo, delivered on 30th September, 2013.

The Respondent was the Plaintiff at the lower Court. The Appellants were the Defendants/Counter Claimants.

The Respondent’s claim was for the following:

1. A declaration that the Plaintiff is the exclusive owner of the following properties:

(i) shopping complex consisting of 12 shops situate at No. 1, Laito Street, Adegbodu Area, lwo, covered by a Deed of Assignment registered as No. 2 at page 2 in volume 36, in the Lands Registry Office, Osogbo.

(ii) Property consisting of 8 rooms (popularly known as lkoyi Health Centre) situate at No. 96, Oke-Ola Street, lsale-Oba Area, lwo.

(iii) Property consisting of 2 flats of 3 bedrooms each situate behind State Hospital, Off lle-Ogbo Road, lwo.

(iv) Uncompleted building consisting of 2 flats of 3 bedrooms each situate behind Asabi Okin Hotel, Off lle-Ogbo, lwo.

(v) Landed property situate at Plot Vl, Block C, Phase 1, on Aipate Baptist Church Residential Scheme, Off lbadan/Osogbo Highway, Adeleke Area,

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lwo.

(vi.) Uncompleted building consisting of 2 flats of 3 bedrooms each situate behind Oyo Motor Garage, Off Oyo/lbadan Road, lwo.

(vii) Property consisting of 2 flats of 3 bedrooms each situate at No. 33, Basorun Adumode Street, Araromi Area, lwo.

(viii) Landed property situate at Molegbin Family Land, Adeleke Area, lwo.