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ALHAJI S. ADEYEMI OLOWOLARAMO & ORS V. MR. JULIUS CHINEDU UMECHUKWU

(2002) JELR 46802 (CA)

Court of Appeal  •  CA/IL/37/2001  •  25 Jun 2002  •  Nigeria

Coram
MURITALA AREMU OKUNOLA JCA; PATRICK IBE AMAIZU JCA; WALTER SAMUEL NKANU ONNOGHEN JCA;

Judgement

ONNOGHEN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Hon. Justice J. A. Ibiwoye, of the High Court of Kwara State, sitting at Ilorin, in Suit No. KWS/176/96, delivered on 11th May, 2000, in which the learned trial Judge rejected the admission in evidence of three documents sought to be tendered by the appellants upon an objection thereto by learned Counsel for the respondent.

The facts of the case, include the following. By paragraph 16 of the amended statement of claim to be found at pages 3 to 6 of the record the appellants, as plaintiffs claim against the respondent as follows:

"16. WHEREOF the plaintiffs claim:

(i) A declaration that the plaintiffs are entitled to the right of occupancy over the piece or parcel of land, situate at behind Anglican Church, beside the new market and off new market road, Baboko Ilorin, measuring 4 plots in the proportions of 2 plots, plot and 1 plot to the 1st, 2nd and 3rd plaintiffs respectively.

(ii) A perpetua…

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