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ADIO ONABIYI & ORS v. I.O.N.PETROLEUM LIMITED

(2017) JELR 38248 (CA)

Court of Appeal  •  CA/L/129A/2000  •  22 Mar 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JOSEPH SHAGBAOR IKYEGH JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the High Court of Lagos State in Suit No. ID/1590/98:ADIO ONABIYI and ORS. v. I.O.N. PETROLEUM LTD delivered on 7th April, 2000. In the said Ruling, the lower Court set aside the judgment it had entered against the Respondent on the ground that the Court processes were not served on the Respondent. The scarified Ruling of the lower Court is at pages 52-58 of the Records.

The Appellants dissatisfied with the said Ruling appealed against the same. The Notice of Appeal which was filed on 7th April 2000 is at pages 59-60 of the Records, while the further grounds of appeal which were filed by the Appellants is at pages 61-64 of the Records.

The facts of this matter as can be gleaned from the cold printed records are that the Appellants instituted the action against the Respondent at the lower Court claiming declaration of entitlement to statutory right of occupancy, damages and perpetual …

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