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IYABO AJAGUNNA V. MOSES AMUSAN

(2002) JELR 55153 (CA)

Court of Appeal  •  CA/I/34/95  •  23 Apr 2002  •  Nigeria

Coram
MORONKEJI O. ONALAJA, JCA (Presided and Read the Lead Judgment) FRANCIS FEDODE TABAI, JCA OLUFUNLOLA OYELOLA ADEKEYE, JCA

Judgement

ONALAJA, JCA (Delivering the Lead Judgment): The plaintiff now respondent in this appeal sued originally as defendant Tawakalitu Wuraola Fabunmi at Ile Ife, High Court of Osun State, wherein there were exchanges and deliveries of pleadings which were amended with the result that the trial A was concluded on amended statement of claim, amended statement of defence and reply to amended statement of defence.

As it is trite law that the particulars of claim set out in the statement of claim supersedes the particulars of claim set out in the writ of summons, the claims of plaintiff/respondent are discernable in paragraph 34 of the amended statement of claim thus:- “34 WHEREOF the plaintiff claims against the defendant a declaration that he (the plaintiff) is entitled to be granted the customary right of occupancy of the farmland situate, lying and being at Ebe Okuta, Kola village via Modakeke Oramiyan (now Ife North) Local Government Area, Oyo State. Fivethousand naira (N5,000.00 ) gene…

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