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Gbadamasi & 3 Ors v. Julius Berger & Anor

(2021) JELR 109961 (CA)

Court of Appeal  •  CA/L/183/15  •  9 Feb 2021  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH, J.C.A. (Presided) BALKISU BELLO ALIYU, J.C.A. (Read the Leading Judgment) EBIOWEI TOBI, J.C.A

Judgement

ALIYU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Lagos State High Court, (lower court)said to be delivered (there is no date on the judgment) on the 24thJune 2013 (as per amended the notice of appeal) by Hon. Justice O.A. Dabiri in respect of suit No. LD/259/92. The appellants were the claimants in the suit, which they initially filed against the 1st respondent only. However, upon the application of the 1strespondent, the 2nd respondent was joined as the 2nd defendant to the suit. The facts that gave rise to the suit are contained in the appellants’ fifth amended statement of claim filed on the 5th January2011 copied in pages 3 to 7 of the record of appeal. They filed the suit for themselves and on behalf of the people of Ogoyo Village located in Victoria Island, Eti-Osa Local Government Area of Lagos State, their ancestral home. Their case before the lower court was summarily contained in paragraph 16 of their statement of claim wherein they…

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