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MADAM MEMINOTU IBRAHIM V. DR. LASISI OSUNDE & ORS.

(2009) JELR 47308 (SC)

Supreme Court  •  SC.189/2002  •  13 Feb 2009  •  Nigeria

Coram
DAHIRU MUSDAPHER JSC; GEORGE ADESOLA OGUNTADE JSC; IKECHI FRANCIS OGBUAGU JSC; PIUS OLAYIWOLA ADEREMI JSC; MOHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC;

Judgement

P. O. ADEREMI, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal (Benin Division) in No CA/B/284/97. Madam Meminotu Ibrahim v. Dr. Lasisi Osunde and Ors delivered on the 11th of February 2002 dismissing the appellant's appeal against the judgment of the High Court of Justice holden at Benin-city, Edo state which had earlier dismissed the claims of the plaintiff (the present appellant) in toto but granted all the reliefs claimed by the defendants in each of their respective counter - claims. The judgment of the trial court in respect of the claim and counter+claims was delivered on the 23rd of May, 1995.

With the leave of the trial court, both parties amended their respective pleadings. In her amended statement of claim, the plaintiff/appellant claimed against the defendant/respondents jointly and severally as follows:

"1. A declaration that the plaintiff is the owner by inheritance of all that parcel of land verged RED in plan No. JAA…

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