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MR. FELIX GBENGA AFOLAYAN v. ALHAJI Y. S. ARIYO & ANOR

(2014) JELR 39811 (CA)

Court of Appeal  •  CA/IL/65/2012  •  27 Mar 2014  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; ISAIAH OLUFEMI AKEJU JCA; UCHECHUKWU ONYEMENAM JCA;

Judgement

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kwara State, Omuaran division delivered on 23rd December, 2010 in Suit No. KWS/OM/01/2003 commenced by the respondents for themselves and on behalf of Aro family of Oro through the writ of summons filed on 30/1/2003. The statement of claim was subsequently filed on 20/6/2003.

The suit was originally against the appellant as the sole defendant but upon his own application, another defendant, Irepodun Local Government was joined (as the 2nd defendant) which prompted the filing of Amended Statement of Claim by the respondents on 28/6/2004 with addition of one more relief.

The reliefs sought by the respondents are stated in paragraph 44 of the Amended Statement of Claim thus:

"a. A declaration that the Aro family is the owner under native law and custom of all the land that is lying and situate at Olokin layout, Oro in Irepodun Local Government and the family is entiā€¦

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