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ALHAJI POPOOLA OGUNDOYIN & ORS v. ADEBOYE FADAIRO EWENLA

(2017) JELR 34282 (CA)

Court of Appeal  •  CA/AK/93/2015  •  19 May 2017  •  Nigeria

Coram
UZO IFEYINWA NDUKWE-ANYANWU JCA; OBANDE FESTUS OGBUINYA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

RIDWAN MAIWADA ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the judgment of Hon. Justice A. B Abdulkareem of the Ile-Ife Division of High Court of Osun State, delivered on 22nd day of December, 2014, granting all the claims of the Plaintiff, (hereinafter called the Respondent). The Appellants were the Defendants at the trial Court. The Respondent brought the action that culminated in this appeal vide a Writ of Summons dated 9/2/2009, and Statement of Claim dated 4/1/2009, which processes were amended. It suffices to state that the pleading upon which this matter was ventilated at the trial Court are the following: Writ of Summons and Amended Statement of Claim - both dated 1/4/2010; Statement of Defence dated and filed on 20/5/2010 and Reply to Statement of Defence dated 20/9/2010, but filed on 21/9/2010.

The Plaintiff/Respondent vide his Amended Statement of Claim, claimed against the Defendants/Appellants as follows:

A. Declaration that it is only theā€¦

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