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M. O. MOUDKAS NIGERIA ENT. LIMITED & ANOR v. EMIKO ISRAEL OBIOMA & ORS

(2016) JELR 37074 (CA)

Court of Appeal  •  CA/L/794/2012  •  11 Mar 2016  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA; JOSEPH SHAGBAOR IKYEGH JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA;

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment) : The appeal is against the judgment of the High Court of Justice of Lagos State sitting at Ikeja Judicial Division (the Court below) whereby the 1st respondent was granted ownership of a parcel of land located at Ogombo village within Eti-Osa Local Government of Lagos State, while the counter-claim of the appellants for trespass and injunction to the same parcel of land was dismissed.

Aggrieved with the decision of the Court below, the appellant filed a notice of appeal which was amended with the leave of the Court and filed on 18-02-14 with four grounds of appeal. A brief of argument which was amended with the leave of the Court was filed on 18-02-14, but deemed properly filed on 17-10-15. Four issues were formulated for determination in the appeal in the amended brief of argument.

The first issue for determination which is said to be covered by ground 1 of the amended notice of appeal reads-

"??Whether the proceedings be…

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