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(2021) JELR 109534 (CA)

Court of Appeal  •  CA/IB/399/2013  •  23 Nov 2021  •  Nigeria

Ugochukwu Anthony Ogakwu, JCA Folasade Ayodeji Ojo, JCA Abba Bello Mohammed, JCA


UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): In proceedings before the High Court of Ogun State in SUIT NO. HCT/25/95, the Appellants, herein, as Claimants instituted proceedings against the 1st and 2nd Respondents herein as the 1st and 2nd Defendants in the said action in respect of land situate at Iyesi Village, Otta, Ogun State. The Appellants maintained the said action in a representative capacity, for themselves and on behalf of the Ijagonna Family of Iyesi. The 1st and 2nd Respondents were also sued in a representative capacity, for themselves and as representatives of the Ikotun and Matori Families.

The 3rd to 5th Respondents herein were not parties in the said action originally. However, upon their application they were joined as the 3rd to 5th Defendants in the action, for themselves and as representatives of the Isidana Family of Iyesi, Ota, Ogun State. Upon being made parties, the 3rd to 5th Respondents counter-claimed against the Appellants, who were …

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