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ALHAJI IBRAHIM TAIWO AJOMAGBERIN & ORS V. RAHEEM AREGBE & ORS

(2013) JELR 35354 (CA)

Court of Appeal  •  CA/L/52/2008  •  29 Nov 2013  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; RITA NOSAKHARE PEMU JCA; TIJJANI ABUBAKAR JCA;

Appearances
O. Fabunmi Esq., with him were O. Onamade Esq., and R. Oguntade Esq. For Appellant Mrs. Olufunso Oladiji Esq. For Respondent

Judgement

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment of Honourable Justice (Mrs) D.F. Akinsanya delivered on the 12th of September 2003 sitting at the High Court No. 2 Lagos, in Suit No. LD/1228/2000. Pages 48 - 55 of the Record of Appeal.

By writ of Summons dated 20th of April 2000, and paragraph 7 of the Statement of Claim dated 10th April 2000, the Respondents, (as Plaintiffs in the lower Court) claimed the following reliefs viz:

"The nullification of the decision of the Defendants to reject the report of a fully conducted Tribunal by expanding the Two RULING HOUSES formed by it (DEYARI/OYEROKUN and KUEJI/ILUMO) to four RULING HOUSES OF DEYARI, KUEJI, KUMUYI AND ILUMO without calling any new evidence."

And

N500,000.00 general damages for the Wrongful expansion of the same Ruling Houses. Pages 1 - 6 of the Record of Appeal.

Parties filed and exchanged their pleadings, and before the case could proceed to hearing, the Appellants brou…

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