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MRS. EBUN ADEDIPE v. AFOLABI THEOPHILUS

(2005) JELR 45302 (CA)

Court of Appeal  •  CA/L/259M/2002  •  16 May 2005  •  Nigeria

Coram
MUSA DATTTIJO MUHAMMAD JCA; CLARA BATA OGUNBIYI JCA; MOHAMMED LAWAL GARBA JCA;

Judgement

M.L. GARBA, J.C.A. (Delivered the Leading Judgment): By way of an originating summons, the appellant sought an order from the Lagos High Court to recover possession of the parcel of land at 23 George Street, Shomolu, Lagos.

When served with the summons which as required by law, was supported by an affidavit and later on further affidavit, the respondent filed a counter affidavit. After a consideration of the affidavit evidence along with the addresses of counsel, the lower court in a ruling delivered on the 18th February, 2002, concluded thus, inter alia:-

" ... It is the humble view of this court that the matter before this Court cannot be dealt with without looking into the issues of the contending titles of the parties. In the circumstances, it is my humble view that this matter can be more conveniently dealt with on its merits by taking evidence VIVA VOCE. Accordingly, I make orders for filing of pleadings... The plaintiff's originating summons dated 8th June, 2001 is hereby struc…

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