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A.O. AKEREDOLU & ORS. V. MRS. AMINATU AMINU & ORS.

(2003) JELR 33704 (CA)

Court of Appeal  •  CA/I/133/95  •  5 Jun 2003  •  Nigeria

Coram
MURITALA AREMU OKUNOLA JCA; SAKA ADEYEMI IBIYEYE JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA;

Judgement

S.A. IBIYEYE, J.C.A. (Delivering the Leading Judgment): This appeal arose from the ruling of Onashile, J. of the Ogun State High Court of Justice sitting in Abeokuta and delivered on the 31st day of July, 1989.

The antecedents of this ruling, however, arose from the amended Writ of Summons and the Statement of Claim filed by the plaintiffs on the 27th day of October, 1988. It will be elucidating. in view of the grouse which prompted this appeal, to reproduce the reliefs sought in both the Amended Writ of Summons and the Statement of Claim which, at the risk of repetition, were filed on the same day (supra). Thus in the endorsement on the Writ of Summons, the plaintiffs claimed as follows:

"1. Declaration that the defendants cannot without the knowledge and/or consent of the head of Oojabi family sell, lease or in any way alienate the family property of Oojabi family of Sango Otta.

2. Declaration that the purported sale or lease of the family property known as Oojabi family property a…

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