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ALFA SYSTEM COMPANY LTD & ORS v. KEJI ORISAJIMI & ORS

(2016) JELR 37010 (CA)

Court of Appeal  •  CA/AK/215/2014  •  14 Apr 2016  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice W. R. Olamide of the High Court of Justice, Ondo State of Nigeria Holden at Ondo delivered on the 25th day of June, 2014.

The Appellants as Claimants instituted this action in the Court below by a Writ of Summons and Statement of Claim on 7/8/2006.

The Appellants/Claimants Statement of Claim was subject to various amendments culminating into the 4th Further Amended Statement of Claim dated 16th day of July, 2013 but filed on 22nd day of July, 2013.

Whereof in the said document, the Claimants claim as per their Writ of Summons to wit.

45. Declaration of Title to the Warehouse situate at Block 11, Plot 9, Dosekun lay-out, Adeyemi College Road, Ondo in Ondo West Local Government Area.

46. Specific performance of the oral and written agreement entered into sometime in June/July 2006 by the Defendants with the Plaintiffs and for conveyance and delivery of possession of …

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