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MOSES ADEMOLA AGBAJE v. ADEMOLA COKER

(2016) JELR 37053 (CA)

Court of Appeal  •  CA/AK/73/2014  •  4 Mar 2016  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 26th November, 2013 in the Customary Court of Appeal, Osun State Holden at Osogbo. The Appellant was Respondent in the Customary Court of Appeal. The Respondent was the Appellant in the Customer Court of Appeal.

Chief Lisagbe got judgment in his favour against Coker Fadare on 19th April 1974 in suit No C 79/69 in the Customary Court of Western State of Nigeria in the Ilesha, Divisional Grade "A" Customary Court.Chief Lisagbe died before executing the judgment.

It is this judgment that the son of Chief Lisagbe, the Appellant sought to execute against the son of Coker Fadare.

The action commenced in the District Customary Court, Ikinyinwa District Osun State holden at Ikinyinwa wherein the Appellant by motion on notice prayed for the following:

(a) Leave of the Court for extension of time within which to issue processes of enforcement of the judgment in suit No: C/79/69.

(b) Leave …

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