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KARIMU OMISAKIN APATA V YESUFU AWOYEMI

(1960) JELR 87306 (SC)

Supreme Court  •  FSC.16/1960  •  19 Dec 1960  •  Nigeria

Coram
BRETT F.J, TAYLOR F.J, BAIRAMIAN F.J

Judgement

TAYLOR F.J (Delivering the Judgment of the Court):

The defendant/appellant has appealed to this Court against the judgment of Hedges, J., of the High Court of the Ibadan Judicial Division, which judgment granted a declaration of title to the plaintiff/respondent in respect of land situate at Mapa, lfe, and an injunction restraining the defendant/appellant and his servants from carrying on building operations thereon.

Three grounds of appeal were filed with the notice of appeal, and, on the 23rd November, 1960, Counsel for the appellant sought leave to file and argue four additional grounds of appeal. Leave was granted to file and argue the first three grounds and refused in respect of the fourth ground. These three additional grounds do not, however, differ, in substance from the original grounds filed, though in ground 2 of the additional grounds a subdivision has been made. In the Court of Trial issues were settled as follows:-

'The issues are argued and defined. Both counsel agree tha…

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