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OLUFEMI ADENIYI & ORS v. HERBERT ADEYINKA ADEOLU OYELEYE & ORS

(2014) JELR 36354 (CA)

Court of Appeal  •  CA/IL/M.21/2014  •  7 Jul 2014  •  Nigeria

Coram
MOHAMMED LADAN TSAMIYA (PJ) JCA; HUSSEIN MUKHTAR JCA; MUSA HASSAN ALKALI JCA;

Judgement

MOHAMMED LADAN TSAMIYA, J.C.A. (Delivering the Lead Ruling): The applicants herein, sued the respondents at the Kwara State High Court of Justice, holden at Ilorin in Suit No. KWS/91/2009. They claimed, against the respondents, a declaration of title to and ownership of a parcel of land situated at Tanke village, Ilorin, Kwara state, trespass on the land, damages and perpetual injunction over the land.

While the suit was pending, the applicants,on 7/6/2010, through their Counsel applied to the trial Court for an order for: "LEAVE to Amend their originating process and the statement of claim, and to file another written statement on Oath".

In stiff opposition to the application the 1st and the 3rd respondents each filed a counter affidavit. The application was duly argued and the trial Court, in a considered ruling, delivered on 27/10/2010 refused the application and dismissed it in its entirety.

The applicants being dissatisfied with the ruling, on 19/11/2010 filed a three grounds Not…

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