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KAFARU AROWOLO & ORS. v. NAVY CAPTAIN ABIMBOLA ADESINA (RTD)

(2010) JELR 33207 (CA)

Court of Appeal  •  CA/L/508/08  •  25 Mar 2010  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; PAUL ADAMU GALINJE JCA; ADAMU JAURO JCA;

Judgement

CLARA BATA OGUNBIYI, J.C.A. (Delivering the Leading Judgment): The Respondent herein instituted an action in Suit NO.ID/2348/2001 at the lower court on the 29th day of November, 2001 vide a writ of summons dated the 28th day of November, 2001. The Respondent later filed an Amended Statement of Claim dated February 24th, 2002 claiming inter alia, a declaration of title to a plot of land at NO.2, Dele Ojo Street, Oko Oba Agege, Lagos.

The appellants in response thereto filed a 23 paragraph statement of defence dated 7th day of March, 2002. On the 20th day of October, 2006 the lower court struck out the suit for want of diligent prosecution. Forty-two day after the suit was struck out the Respondent filed an application dated 8th day of December, 2006 in which he sought an order relisting same. The application and the affidavit in support are contained at pages 13-16 of the record of appeal. In its ruling contained at pages 18 and 19 of the record and delivered on the 25th April, 2007, t…

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