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ALHAJI SAIBU GBADAMOSI v. MR. OKEGE & ORS

(2010) JELR 47500 (CA)

Court of Appeal  •  CA/I/121/04  •  8 Jun 2010  •  Nigeria

Coram
KUPIRAT M. O. KEKERE-EKUN JCA; CHIDI NWAOMA UWA JCA; MODUPE FASANMI JCA;

Judgement

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment) This is an appeal against the decision of the High Court of Oyo State, Ibadan Judicial Division delivered on 20th January 2003 dismissing the plaintiff/appellant's claim for declaration of title, damages for trespass and injunction. Dissatisfied with the decision the appellant filed a notice of appeal containing eleven grounds of appeal. With leave of this Court granted on 13/10/05 the appellant amended his notice of appeal by filing five additional grounds of appeal thus bringing the total number of grounds of appeal, to sixteen.

In compliance with the rules of this Court the parties duly filed and exchanged their respective briefs of argument. In his brief dated and filed on 4/12/07 but deemed filed on 31/3/08 the appellant distilled four issues for determination as follows:

1. Whether having regard to the pleadings and evidence adduced before the trial court, the learned trial Judge was right to haveā€¦

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