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THE EXECUTIVE GOVERNOR, EKITI STATE & ORS v. CHIEF F. A. ABE & ORS

(2016) JELR 37059 (CA)

Court of Appeal  •  CA/EK/43/2014  •  22 Mar 2016  •  Nigeria

Coram
AYOBODE OLUJIMI LOKULO-SODIPE JCA; FATIMA OMORO AKINBAMI JCA; BOLOUKUROMO MOSES UGO JCA;

Judgement

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 9/1/2014 by the High Court of Ekiti State (hereafter simply referred to as the Lower Court??) presided over by Honourable Justice A.L. Ogunmoye (hereafter simply referred to as ??the learned trial Judge??). In its judgment, the Lower Court, having found the Plaintiffs (now Respondents) to have proved their case granted them all the reliefs (save one) they sought against the Defendants (now Appellants).

The Respondents herein initiated the instant case by a writ of summons dated 2/6/2009 and which issued on the same date. The writ of summons was accompanied by a statement of claim also dated 2/6/2009. The reliefs the Respondents claimed against the Appellants as endorsed on the writ of summons are as follows: -

??1. A Declaration that the plaintiffs (Ejigbo Community) is the bonafide, rightful and beneficial owner of all the parcel of land purportedly acquired by defeā€¦

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