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MR ALO OLATUNBOSUN v. CHIEF (MRS) GRACE ODUNJO & ORS

(2016) JELR 36884 (CA)

Court of Appeal  •  CA/EK/45/2015  •  14 Jun 2016  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA; FATIMA OMORO AKINBAMI JCA; BOLOUKUROMO MOSES UGO JCA;

Judgement

BOLOUKUROMO MOSES UGO, J.C.A. (Delivering the Leading Judgment): The action that culminated in this appeal was instituted by the respondents as claimants in the High Court of Ekiti State, via a writ of summons issued on 22/12/2010 pursuant to the Ondo State High Court (Civil Procedure) Rules of 1987 then applicable to Ekiti State. In that action the three respondents, all female children of late Chief David Aluko Fawekun, challenged the validity of the sale without their consent by their only male sibling, Mr Kayode Fawekun (now deceased), to the appellant of a piece of land situate at Ido-Ekiti which they claim devolved on them jointly from their said late father. It is common ground that the said Kayode, who later joined the suit as second defendant and contested it to conclusion in the Lower Court before his death, is next to the first respondent in terms of seniority among the four children of Chief David Aluko Fawekun. The respondents sought a nullification of the said sale. Theiā€¦

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