MR. PAUL ADEBAYO OGUNDARE & MRS. OLUWATOYIN OWOLABI V. MRS. SABAINAH ABOSEDE OGUNDARE
(2021) JELR 108825 (CA)
Court of Appeal
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CA/EK/53/2020
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18 Jun 2021
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Nigeria
Coram
T. N. ORJI-ABADUA (PJ), JCA
I. A. ANDENYANGTSO, JCA
B. B. ALIYU, JCA
Appearances
Foluso Kayode Esq. for the Appellants;
Mrs. Genevieve Okoye and Ayobami Oladimeji for the Respondent.
Judgement
<p><strong>IBRAHIM ALI ANDENYANGTSO, JCA (Delivering the leading : ): </strong>This is an appeal against the decision of the Ekiti State High Court, presided over by Hon. Justice O.I.O. Ogunyemi J., delivered on the 13th day of February, 2020, upholding the cross petition of the Respondent.</p><p>The Petitioners were dissatisfied with the decision and filed a Notice of Appeal on the 4th day of May, 2020, containing 5 grounds. See pages 660ā663 of the Record of Appealā simply to be referred to as āāthe Recordā. The judgment is on pages 633ā659 of the Record.</p><p>The Grounds of Appeal, shorn of their particulars, are as follows: -</p><p>āGROUND 1</p><p>The decision is against the weight of evidence</p><p>GROUND 2</p><p>The Learned Trial Judge erred in law for holding that the Applicants (sic)two flats of building situated at No. 71, Aiyeyemi Street, Odo-Oro, Ikere-Ekiti, Ekiti State; its appurtenances and the incidental vacant plot of land be sold and the precedes (sic) shared equally between the 1st Applicant (sic) and the Respondent.</p><p>GROUā¦</p>