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ALHAJI S. A. LAWAL & ORS v. HAKEEM KAZEEM & ORS

(2018) JELR 38502 (CA)

Court of Appeal  •  CA/L/428/2012  •  13 Jun 2018  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JOSEPH SHAGBAOR IKYEGH JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment by the High Court of Lagos State delivered in the Respondent's Suit No. LD/1859/03 on 19th of January, 2012 by which their claims for declaration of title, injunction and damages against the Appellants were granted. Aggrieved by the judgment, in which their counter claim against the Respondents were dismissed, the Appellants brought the appeal by the Notice of Appeal dated the 15th March, 2012, containing ten (10) grounds which was amended by the Amended Notice of Appeal filed on 18th of November, 2013 from which five (5) issues were distilled for decision by the Court in the Appellants' brief filed on the 27th July, 2012. The issues, adopted in the Respondents' brief filed on 16th April, 2013, are thus: -

"i. Whether the trial Court had jurisdiction to entertain the claims of the 2nd, 3rd and 4th Claimants when they sued by a Guardian whereas they were not infants: Grounds 1-3.

ii. Wheth…

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