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OMOWOOD INDUSTRIES LIMITED v. THE REGISTERED TRUSTEES OF BIBLE BELIEVERS FELLOWSHIP CHURCH & ORS

(2014) JELR 36184 (CA)

Court of Appeal  •  CA/I/5/2014  •  30 Jun 2014  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA; HARUNA SIMON TSAMMANI JCA; MUDASHIRU N. ONIYANGI JCA;

Judgement

MONICA BOLNA'AN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ogun State delivered by, Hon. Justice E. O. Osinuga (J) of Abeokuta Judicial Division.

The Respondents' claim, against the Appellant the sum of N5, 000,000.00 (Five Million Naira) each for the unlawful demolition and displacement of the Respondents from their properties situate at and known as Magboro-Akeran Village, Obafemi Owode Local Government, Ogun State by the Appellant.

Due to the failure of the Appellant to file a statement of defence in accordance with the Rules of court, a motion dated 23rd July, 2007 for summary Judgment was taken out by the Respondents as Claimants. The learned trial Judge granted the application and entered a summary Judgment against the Appellant, on their claim for general damages.

It is the contention of the Appellant that before the summary judgment was delivered, there were moves by the parties to resolve the matter am…

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