JOSEPH ADEYINKA & ORS V. LYDIA MOJIROLA ABIDOYE
(1997) JELR 45435 (CA)
Court of Appeal
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CA/K/230/94
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11 Dec 1997
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Nigeria
Coram
UMARU ABDULLAHI JCA;
JAMES OGENYI OGEBE JCA;
ATINUKE OMOBONIKE IGE JCA;
Appearances
Prince J.O. Ijaodola, Esq. For Appellant
Joseph S. Bamigboye, Esq. For Respondent
Judgement
<p>IGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Omu-Aran High Court delivered on 28th day of October, 1993 in suit No. KWS/OM/4A/93. It was an appeal to Omu-Aran High Court on the decision of the Upper Area Court of Kwara State sitting at Omu-Aran. As a matter of fact this case originated from Upper Area Court Omu-Aran where the respondent as plaintiff applied to the court for an order of interim preservation of the properties of her Late Husband carted away by the appellants. The Upper Area Court granted the application and by common consent of the parties, custody of the properties was given to Mr. J.O. Ijaodola. Later the respondent began to come across the vehicles on the road hence they brought another application before the Upper Area Court praying the court to order the properties subject of the dispute to be kept in the custody of the registry of the High Court Omu-Aran. This second application was filed on 1/12/92 and fixed for hearing…</p>