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OBA ISHOLA ADEBAYO FAYEMI & ORS V. ISHAU OLORUNFUNMI & ORS

(1997) JELR 45442 (CA)

Court of Appeal  •  CA/L/218/92  •  10 Jul 1997  •  Nigeria

Coram
DAHIRU MUSDAPHER JCA; SAMSON ODEMWINGIE UWAIFO JCA; RABIU DANLAMI MUHAMMAD JCA;

Appearances
Otunba O. SotundeS.B. Candide JohnsonO.T. Ayorinde For Appellant A. Thompson, Esq. S.O. Olatubosun Esq. For Respondent

Judgement
<p>MUSDAPHER, J.C.A. (Delivering the Leading Judgment): In the High Court of Justice of Lagos State, holden at Ikeja in Suit No. ID/488/90, the plaintiffs claimed against the first set of defendants i.e. 1-3rd defendants jointly and severally, declaration of title, injunctive reliefs and damages for trespass to a parcel of land at old Isheri in Ikeja Local Government of Lagos State. Pleadings were ordered, filed and exchanged and in the course of the trial were amended. In the course of the trial the 4th - 9th defendants were on their own application joined as the second set of defendants. The matter thereafter proceeded to hearing. The plaintiffs closed their case on 23/2/1988. On the 21/3/1988, the 4th to 9th defendants successfully applied to the Court for leave to amend their pleadings by putting up a counter-claim. The counter-claim was amended and further amended. The plaintiffs, having closed their case as aforesaid considered that the amendment granted to the 4th to 9th defendant…</p>

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