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CHIEF FESTUS FADEBI & ANOR v. ADESONU AKINTAN & ORS

(2017) JELR 38174 (CA)

Court of Appeal  •  CA/AK/185/2013  •  18 Jan 2017  •  Nigeria

Coram
MOHAMMED AMBI-USI DANJUMA JCA; OBANDE FESTUS OGBUINYA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

RIDWAN MAIWADA ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice A. O. Akeredolu of the High Court of Ondo State, Ore Judicial Division, sitting at Ondo delivered on 19th day of December, 2012, dismissing the claims of the Plaintiffs herein after called the Appellants in its entirety. The Appellants as Plaintiffs at the trial Court brought this action via a Writ of Summons and Statement of Claim dated and filed on 22/05/2009. The Respondents as defendants filed their undated Statement of Defence on 23/9/2009. Parties amended their pleadings severally. The pleadings upon which trial was based are the 2nd Further Amended Statement of Claim dated 4/10/2012; 2nd Further Amended Statement of Defence dated 25/03/2011 and Further Amended Reply to Statement of Defence dated 4/10/2012.

The Plaintiffs/Appellants claim against the Defendants/Respondents jointly and severally are as follows:

(a) A declaration that it is the Plaintiffs that a…

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