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OLAOLUWA FAYEMI v. SIR L. S. AWE

(2009) JELR 47434 (CA)

Court of Appeal  •  CA/IL/79/2008  •  29 Jun 2009  •  Nigeria

Coram
SAKA ADEYEMI IBIYEYE JCA SOTONYE DENTON-WEST JCA CHIMA CENTUS NWEZE JCA

Judgement

SAKA ADEYEMI IBIYEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Akintayo J. sitting at the Ado Ekiti High Court of Justice in Ekiti State delivered on the 27th day of November, 2007 in Suit No.HAD/89/2000 in which the learned trial, Judge entered judgment for the plaintiff, now the respondent, against the defendant, now the appellant.

In view of the nature of the ease leading to the aforesaid judgment being based on trespass to land which invariably relates to title to land. I am of the firm view that it is of moment to reproduce some of the salient aspects of the pleadings relied upon by the parties. Thus, both parties filed and exchanged their pleadings. Subsequently the original pleadings were duly amended as Amended Statement of Claim and Amended Statement of Defence on the 30th September, 2003 and 24th October, 2003 respectively.

Paragraphs 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 15, 17, 18, 19, 20, 21, 22, 24 and 25 which are of moment to the …

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