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OBA ISIAKA OGUNMOLA & ANOR V. ALHAJI LASISI SAKA & ORS

(2011) JELR 47018 (CA)

Court of Appeal  •  CA/I/114/2003  •  24 May 2011  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; MODUPE FASANMI JCA; JOSEPH SHAGBAOR IKYEGH JCA;

Judgement

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Adeniji, J., of the Oyo State High Court of justice sitting at Ogbomoso, delivered on the 20th of August, 1988, granting the two reliefs of the plaintiffs and dismissing the defendants counter claim.

The Respondents as plaintiffs had in paragraph 26 of their amended statement of claim dated the 27th of February, 1996, averred the following reliefs against the appellants:-

1. Declaration that the defendants and or members of their family are not members of the plaintiffs' family in so far as they are not related either by blood or otherwise.

2. An order of perpetual injunction restraining the defendants and members of their family from claiming to be related to the plaintiffs' family and or parading themselves as members of plaintiffs' family.

The suit went to trial after pleadings were exchanged. Both parties called evidence. Briefly stated the appellants' case was that the plaintiff i…

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