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SAKA BURAIMOH v. TUNDE ALEJO

(2014) JELR 36587 (CA)

Court of Appeal  •  CA/AK/05/2011  •  1 Jul 2014  •  Nigeria

Coram
SONTONYE DENTON WEST JCA; MOJEED ADEKUNLE OWOADE JCA; CORDELIA IFEOMA JOMBO-OFO JCA;

Judgement

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Lead Ruling): This Motion on Notice which is stated is dated 1st May, 2013 and filed 2nd May, 2013 is brought pursuant to Order 7 Rule 10(1) of the Court of Appeal Rules, 2011.

The brief summary of the facts leading to the application is that the appellant/applicant being the plaintiff at the High Court of Justice, Ondo State sitting at Akure had caused the issuance of a writ of summons, a statement of claim which was subsequently amended as well as other processes in the suit upon the defendant herein the respondent. These processes particularly the writ of summons, the original statement of claim and the amended statement of claim were variously filed and signed in the name of the legal firm of A. A. Ojopagogo and Co. The matter proceeded to trial after which the learned trial Judge gave judgment in favour of the respondent and against the appellant/applicant. Being dissatisfied with the judgment of the Lower Court the appellant/appl…

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