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EMMANUEL T AYENI & ORS V. WILLIAM ABIODUN SOWEMIMO

(1982) JELR 33468 (SC)

Supreme Court  •  SC.66/1981  •  14 May 1982  •  Nigeria

Coram
UDO UDOMA JSC; GEORGE SODEINDE SOWEMIMO JSC; ANDREWS OTUTU OBASEKI JSC; KAYODE ESO JSC; ANTHONY NNAEMEZIE ANIAGOLU JSC; AUGUSTINE NNAMANI JSC; MUHAMMADU LAWAL UWAIS JSC;

Judgement

UDO UDOMA, J.S.C.(Delivering the Leading Judgment): This is an appeal from the judgment of the Federal Court of Appeal in which the judgment and Order of the High Court of Lagos State, (Williams J.), in favour of the Plaintiff was affirmed.

In this court the judgment has been challenged. It has been attacked on two major grounds directed principally to the state of pleadings in the suit. The grounds of appeal may be stated as follows

(1) The Federal Court of Appeal erred in law in failing to hold that the Plaintiff was bound by the averment contained in paragraph 13 of the statement of claim which showed that the statement of claim disclosed no cause of action.

(2) The Federal Court of Appeal erred in law in failing to uphold the objection of the Appellants that the action was not properly constituted because

(i) The Defendants were sued in their personal capacity whereas the property in dispute is the property of Oponuwa family; and

(ii) The members of Oponuwa family not being befo…

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