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CHIEF SAMUEL KASALI ARIBISALA v. MR. AMINU BELLO

(2016) JELR 37077 (CA)

Court of Appeal  •  CA/AK/103/2013  •  19 Feb 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 decision of the High Court of Ondo State sitting at Ikare-Akoko delivered by N. S. Adeyanju, J. on 8th day of April, 2013.

The Respondent as Plaintiff in the Court below took out a Writ of Summons against the Appellant as Defendant on 4/2/2009. By paragraph 19 of the Respondent's statement of claim dated 24/3/2009 and filed on 26/3/2009, the Respondent claimed as follows:

"??(1) An order of Court partitioning Odo Farmland, Agbaluku, Arigidi-Akoko, Ondo State of Nigeria into "IPAWO" Farmland and "IKODE" Farmland between the Plaintiff and the defendants respectively.

(2) An order of Court restraining the Defendants from further selling any parts of Odo Farmland without consent or permission of the Plaintiffs."

The Appellant as Defendant in his statement of defence and counter-claim of 6-6-2009 counter-claimed against the Respondent in paragraph 23 of the statement of Defence thus:

"??23 - Wherefore…

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