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MR. GABRIEL IDOWU OLAWOYE v. ALHAJA K. A. BELLO

(2015) JELR 36713 (CA)

Court of Appeal  •  CA/L/318/2001  •  6 Mar 2015  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA; YARGATA BYENCHIT NIMPAR JCA; ABIMBOLA O. OBASEKI-ADEJUMO JCA;

Judgement

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Lagos State High Court Ikeja, delivered by HON. JUSTICE A. L. A. L. BALOGUN on the 25th day of March, 1993.

The appellant dissatisfied with the judgment of the trial Court filed a Notice of Appeal dated 7th day of April, 1993 setting out 5 grounds of appeal.

The brief facts of this appeal are that the Respondent who was Plaintiff at the trial Court approached the Court and by an Amended Statement of Claim sought the following reliefs:

"15.1. A declaration that by virtue of two deeds of Mortgage one dated the 11th day of November, 1977 and registered as No.78 at page 78 in volume 1666 Lagos and the other dated 7th day of February, 1978 and

registered as No. 48 at page 48 in volume 1690 Lagos respectively made between the defendant and Chief E.A. Oyemade and subsequently by virtue of a Public Auction Sale held on 7th day of February, 1984 the Plaintiff is the person entitled to …

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