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ALHAJI YUSUFF KADIRI & ANOR v. OTUNBA CHIEF (DR) J. A. EWUOSO

(2014) JELR 33109 (CA)

Court of Appeal  •  CA/L/356/2012  •  16 May 2014  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; CHINWE EUGENIA IYIZOBA JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA;

Judgement

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Lagos State delivered by I. O. Harrison J. On the 14th day of February 2012 whereby the 1st appellant's application to dismiss the substantive suit on grounds of abuse of court process was refused.

The Respondent in this appeal had as a claimant in the lower court filed a writ of summons and a statement of claim dated the 20-5-2011 against the defendants (now appellants) wherein he claimed as per paragraph (i-iv) of the statement of claim as follows:-

i) A Declaration that the Claimant is entitled to exercise all the rights vested in him over the Defendant's property situated at No. 51, IGA IDUNGANRAN STREET, OFF IDUMAGBO AVENUE, LAGOS as stipulated in the Agreement dated the 23rd day of August, 2010 without any obstruction or interference by the Defendant.

ii) A Declaration that the Defendant is not entitled to lease or let his property situated at No. 51, IG…

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