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EMEKA ARIGUZO & ANOR V. MRS. FELICIA OSOBU & ORS

(2016) JELR 41559 (CA)

Court of Appeal  •  CA/L/868/2015  •  13 Jul 2016  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; JOSEPH SHAGBAOR IKYEGH JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Appearances
Olaniran Obeh, Esq. with him, O. F. Uthun, Esq. For Appellant H. A. Oseagwina for 4th & 5th RespondentsA. Ajose Adeogun for 1st-3rd Respondents For Respondent

Judgement

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): The Appellant in this matter filed a Notice of Appeal dated 4th August, 2015 and transmitted the records of appeal against Ruling of FEMI-ADENIYI J., of the High Court of Lagos delivered on 23rd July, 2015 wherein the lower Court upheld the Preliminary Objection of the 4th, and 5th Respondent and dismissed the Appellant's motion on notice dated 19th July, 2015.

The reliefs sought in the motion resulting in the ruling were for:

i. "AN ORDER adding the Applicants as 4th and 5th Defendants to the counterclaim of the counter-claimants.

ii. AN ORDER setting aside the execution levied by the Counter Claimants against the Applicants on the 16th day of June, 2015.

iii. AN ORDER restoring the 1st Applicant back into possession of the property known as 8A Adebisi Close, Idiroko Village, Maryland, Lagos pending the determination of the substantive suit.

iv. AN ORDER restoring the 2nd Applicant back into possession of the pro…

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