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MR. ADISA ADEOGUN v. DR. ADETUNJI OLUKAYODE AKINYEMI

(2013) JELR 35867 (CA)

Court of Appeal  •  CA/L/579/06  •  5 Apr 2013  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; CHIMA CENTUS NWEZE JCA; CHINWE EUGENIA IYIZOBA JCA;

Judgement

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The instant appeal is a fall-out of the ruling of the High Court of Lagos State, which was delivered on April 19, 2004 by the Hon. Justice A. F. Adeyinka in Suit No: ID/339/88. By the ruling in question, the court below granted the Respondent a consequential order exparte of possession of land in dispute in the physical possession of the Appellant. Not unnaturally, being dissatisfied with the said consequential order, the Appellant filed an application, dated June 3, 2004 seeking leave of the lower court to appeal as a party interested against the ruling in question. The lower court, in its wisdom, granted that application on July 12, 2004. Consequent whereupon, the Appellant filed the notice of appeal thereof (on July 15, 2004), which is predicated upon two grounds.

BACKGROUND FACTS:

The facts and circumstances surrounding the present appeal are not far to seek. Indeed, they are deducible from the records of a…

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