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AKINYEMI FASUBA v. MRS. TAIWO ADUMASHI

(2001) JELR 44287 (CA)

Court of Appeal  •  CA/B/117/98  •  9 Jul 2001  •  Nigeria

Coram
RAPHAEL OLUFEMI ROWLAND JCA; BABA ALKALI BA'ABA JCA; KUMAI BAYANG AKAAHS JCA;

Judgement

ROWLAND, J.C.A. (Delivering the Leading Judgment): This suit No.AK/7/76 was commenced by a writ of summons dated 4th January, 1996 at the Ondo State High Court holden at Akure.

The plaintiff in the said suit claimed against the defendant the following reliefs:-

(a) A declaration that the entire proceedings including the judgment therein given on 23rd November, 1994 in suit No, AK/93/92 between the first defendant as plaintiff on the one hand and the second and the third defendants as well as the plaintiff as defendant on the other hand are wrongful, illegal, unconstitutional, null, void and of no effect whatsoever as the same are vitiated by fraud, misrepresentation, substantive and procedural irregularity and illegality.

(b) An order setting aside and nullifying the said proceedings and judgment, they being wrongful, illegal, unconstitutional, null ,void and of no effect whatsoever.

Pleadings were ordered by the court below. The plaintiff filed a statement of claim but only the 1st …

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