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BABATAYO ONI v. EMMANUEL OLOKUN & ANOR

(1994) JELR 41471 (CA)

Court of Appeal  •  CA/I/316/88  •  26 Apr 1994  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; ISA AYO SALAMI JCA; DAUDA AZAKI JCA;

Judgement

ISA AYO SALAMI, J.C.A. (Delivering the Leading Judgment): The plaintiffs by writ of summons dated 13th August, 1987 are claiming against the defendant a declaration-

"that the land situate lying and being at Ahere (Aiyegbaju) was owned originally by Olumogbe family for the use of Osu Community as Aiyeyemi market and as was not granted to defendant's father-Aro."

"Pleadings were filed and exchanged at statement of claim and statement of defence. Thereafter evidence were led by both the plaintiff and the defence. The learned trial Judge, Adeyemi, J:, after addresses by counsel, in a reserved judgment, found the plaintiffs' claim successful and gave judgment in favour of the plaintiffs as per their writ of summons and paragraph 29 of their statement of claim. Paragraph 29 of the statement of claim is a mere verbatim repetition of the claim set out in the writ of summons.

The defendant was unhappy with the judgment and felt aggrieved hence the instant appeal which was brought on 4th of A…

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