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LUKMAN ADELE GAFARU & ORS v. PROF C.D. ANAMDI

(2018) JELR 38384 (CA)

Court of Appeal  •  CA/L/24/2008  •  26 Feb 2018  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JOSEPH SHAGBAOR IKYEGH JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an appeal from the decision of the High Court of Lagos State, Ikeja judicial division, coram OLUWAYEMI J., delivered on the 16th of February, 2007 in respect of a trespass by the Appellants on the land leased by the Respondent from the Appellants family. At the end of the trial the learned trial judge entered judgment for the Respondent. Appellant been dissatisfied with the said judgment filed a Notice of Appeal on the 26th of September, 2007.

The Appellants' brief of argument was filed on the 1st of February 2017 and settled by A.M. Kotoye of Ushurhe, Osayande and Co. wherein he formulated 6 issues for determination:

1. Whether the originating processes were properly issued/endorsed or signed having regard to the decision of the Supreme Court in OKAFOR v. NWEKE (2007) 3 SC (pt. II), Pg. 55 and a host of other cases.

2. Whether the lower Court was not patently wrong in holding that Exhibit B evidenced ou…

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