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MR OLUYEMI MODAHUNSI V. KWARA INVESTMENT & PROPERTY DEV. CO. LTD.

(2011) JELR 49134 (CA)

Court of Appeal  •  CA/IL/82/2008  •  5 Dec 2011  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA (Presided and Read the Lead Judgment) JOSEPH SHAGBAOR IKYEGH JCA ITA GEORGE MBABA JCA

Judgement

TIJJANI ABDULLAHI, J.C.A (Delivering the Leading Judgment): This is an appeal against the decision of the Kwara State High Court of Justice coram (R. O Elelu-Habeeb), Acting Chief judge (as she then was) delivered on 29th January, 2008 wherein she held thus:

"The application herein is hereby granted in compliance with Order 17 Rule 8 of the 2005 High Court Civil procedure Rules.

Accordingly Judgment is hereby entered for the claimant as per his claim"

The application which is the subject matter of the decision set out supra reads as follows:

"TAKE NOTICE that this Honourable court shall be moved on the ...day of September, 2008 at the hours of 9 O'clock in the forenoon or so soon thereafter as counsel may be heard on behalf of the Claimant/Applicant for the following.

AN ORDER of this Honourable giving Judgment in this case to the applicant in default of appearance by the defendant/respondent.

ALTERNATIVELY

AN ORDER setting down for hearing the suit of the applicant, the Respondent ha…

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