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SAMUEL OKONKWO & ANOR v. AUSTIN NWAOSHAI

(2016) JELR 33482 (CA)

Court of Appeal  •  CA/L/558/2012  •  12 Jul 2016  •  Nigeria

Coram
CHINWE EUGENIA IYIZOBA JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Lagos State delivered by OYEKAN ABDULAHI J. on the 23rd day of April 2012 wherein the Learned Trial Judge granted the Respondents application to recall the Appellants first witness for the purpose of further cross-examination.

The Appellants herein had as Claimants at the trial Court instituted an action by a writ of summons dated 31-10-2006 against the Respondent herein as Defendant, whereby he claimed inter alia, for an order of declaration of title, injunction and damages for trespass in respect of the land known as No 13 Oduduwa Street, Ikate, Suru-lere, Lagos.

Pleadings were subsequently exchanged by the parties together with the written statement on oath of the witnesses for the parties, and the documents proposed to be tendered in evidence at the trial.

At the commencement of the trial on 6-6-2011, the Appellants fielded their first, witness MR. JOSEPH M…

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