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SAMUEL ADU OLUWATUYI & ANOR v. DEACONESS R. O. OWOJUYIGBE & ANOR

(2014) JELR 36456 (CA)

Court of Appeal  •  CA/B/212/2005  •  25 Jun 2014  •  Nigeria

Coram
SOTONYE DENTON WEST JCA; MOJEED A. OWOADE JCA; C. IFEOMA JOMBO-OFO JCA;

Judgement

SOTONYE DENTON WEST, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision delivered on 03/02/2005 by the High Court of Ondo State, Akure Judicial Division, Ondo State (hereinafter simply referred to as the "lower court" presided over by Hon. Justice O. O. Akeredolu (hereinafter simply referred to as "the learned trial Judge) wherein His lordship entered judgment in favour of the Plaintiffs/Respondents against the Defendants/Appellants, granting all reliefs sought except the last relief.

SUMMARY OF FACTS

The parties at the lower court filed and exchanged their respective pleadings.

The Plaintiffs (hereinafter referred to as the Respondents) case at the lower court is that they (1st and 2nd Respondents) share same parentage with the 1st Appellant. Their deceased parents are Pa Daniel Oluwatuyi and Madam Elizabeth Ademolarin Oluwatuyi. Pa Daniel had four (4) wives, including their mother and died intestate on the 28th July, 1955. In August 1959, the properties of…

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