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ABAYOMI FABUNMI V. THE REGISTERED TRUSTEES FOURSQUARE GOSPEL CHURCH IN NIGERIA

(2011) JELR 46844 (CA)

Court of Appeal  •  CA/I/315/09  •  12 Dec 2011  •  Nigeria

Coram
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; CHINWE EUGENIA IYIZOBA JCA; MOORE A.A. ADUMEIN JCA;

Judgement

CHINWE E. IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Onibokun J. of the Osun State High Court, Ile-Ife Judicial Division delivered on the 21st day of May 2009 in an undefended and uncontested originating summons filed by the respondent herein. The facts of the case are that the respondent Church bought a piece of land from one Chief Ayo Martins (deceased) in the year 2001 and went into possession but was challenged by a sitting tenant who filed an action against the respondent, Chief Ayo Martins and two others to protect his tenancy. The present appellant initially represented the respondent and Chief Martins in the suit until the respondent found out that the appellant was working hand in gloves with the tenant and then briefed another counsel. According to the respondent, the tenant later left the premises long after his tenancy expired and abandoned the suit which was struck out. Along the line Chief Martins died. The appellant clai…

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