ALHAJI NURUDEEN ASHOROBINIJA & ANOR V. ALHAJA MUYINOT LABINJO & ORS
(2012) JELR 39074 (CA)
Court of Appeal
•
CA/L/844/10
•
4 May 2012
•
Nigeria
Coram
HELEN MORONKEJI OGUNWUMIJU JCA;
IBRAHIM MOHAMMED MUSA SAULAWA JCA;
MOHAMMED AMBI-USI DANJUMA JCA;
Appearances
A.A. Adegbadeola Esq. For Appellant
O.J. Engurube Esq. For Respondent
Judgement
<p>IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The instant appeal is against the ruling of the Lagos State High Court of Justice delivered on May 7, 2007 in suit No. LD/192/94 by the Hon. Justice O.A. Taiwo. By the said ruling, the lower court dismissed the Appellants' application, dated January, 2007 seeking to dismiss the Respondents' suit No. LD/192/94, for being an abuse of court process.</p><p> FACTS AND CIRCUMSTANCES SORROUNDING THE APPEAL: </p><p> On January 13, 1994 the Respondents filed a writ of summons, dated 12/01/94, seeking two declaratory reliefs against the Appellants.</p><p> However, by the further amended statement of claim thereof, filed on 13/6/05, the Respondents sought the following reliefs against the Appellants:</p><p> 1. A declaration that the Claimants' are entitled to the exclusive use of their kitchen and toilet facilities situate within the property known as No. 7, Apatira Street Lagos; and the toilet facilities is the joint property of both the Claimants' a…</p>