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MAJOR GENERAL DAVID JEMIBEWON (RTD) V. SAMUEL KOSOKO & ORS.

(2010) JELR 33258 (CA)

Court of Appeal  •  CA/A/126M/2006  •  18 Mar 2010  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; MARY U. PETER-ODILI JCA; ABDU ABOKI JCA;

Judgement

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Hon. Justice M.A. Medupin, of the High Court of Kogi State, Sitting at Kabba, delivered on the 16th day of November, 2005, whereby the learned trial Judge overruled the preliminary objection of the Appellant (Defendant at the lower court) challenging the jurisdiction of the court to entertain the suit, based on the contention that the Respondents' (plaintiffs at the lower court) action was statute barred.

The Respondents as plaintiffs in the lower court, took out a Writ of Summons on the 6th day of May, 2004, and claims as per its paragraph 61 of the Statement of Claim, dated and filed on the 16th of December 2004, for the following reliefs:

i. A declaration that the Plaintiffs are the customary owners, occupiers, holders and users of Ibiti Land, situate and lying at Aiyetoro-Gbedde Ijumu L.G.A, bounded in the North by River Oruku in the south by Omidu Stream (Old Oda) in the East by…

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