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MICHAEL SUNDAY OROJA & ORS v. EBENEZER ILO ADENIYI & ORS

(2017) JELR 38225 (SC)

Supreme Court  •  SC.113/2007  •  27 Jan 2017  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; MARY UKAEGO PETER-ODILI JSC; OLUKAYODE ARIWOOLA JSC; CHIMA CENTUS NWEZE JSC; AMIRU SANUSI JSC;

Judgement

MARY UKAEGO PETER-ODILI, JSC (Delivering the Leading Judgment): The Appellants as plaintiffs sued the Respondents as Defendants for declaration of title to land at Meiran, Agege. The respondents filed a statement of defence and counter claim in respect of the land of Meiran, Araromi Oke-Meiran and Akitan. The suit was heard by E. F. Longe J. of the Ikeja judicial Division of the Lagos High Court and the Court gave Judgment to the appellants in the main claim and did not evaluate, consider and deliver judgment in respect of the respondent counter-claim. The respondent dissatisfied filed an appeal at the Court of Appeal Lagos Division, Corami I. A. Salami, M. D. Muhammad; C. B. Ogunbiyi JJCA with the lead judgment delivered by C. B. Ogunbiyi JCA (as she then was). The Court of Appeal or Court below allowed the appeal, set aside the judgment of the trial Court and remitted the entire case back to the Chief Judge for hearing de novo before another judge.

FACTS BRIEFLY STATED:

The appellants…

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