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MR. SHAKIRU AKERELE V. HON. JUSTICE (RTD) OLATUNJI AJOSE-ADEOGUN & ORS

(2018) JELR 48953 (CA)

Court of Appeal  •  CA/L/445A/2002  •  22 Jan 2018  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; YARGATA BYENCHIT NIMPAR JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): This is another appeal against the judgment of the High Court of Lagos State delivered on the 27th September, 2002 in the Suit No. LD/1339/94, against which the Appeal No. CA/L/445/2002 was brought. The Appellant here was the 2nd Defendant in the case before the High Court and the 2nd Respondent in Appeal No. CA/L/445/2002. The appeal was brought vide the Notice of Appeal dated 3rd March, 2015 and in the Amended Appellant's brief filed on 16th October, 2017, three (3) issues are said to arise for decision by the court. They are: -

1. When the pleadings of the parties are juxtaposed with the evidence led, whether the lower Court was not in error when it entered judgment in favour of the 3rd-5th respondent's (Grounds 1, 3,11 and 13)

2. Having regard to the pleadings and evidence adduced by the appellants at the trial Court, whether the trial Court did not misapprehend, in its entirety, the case of the appellant thereby occasi…

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