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SUNDAY OYEBADEJO v. RAMONI OLANIYI & ORS.

(2000) JELR 44043 (CA)

Court of Appeal  •  CA/I/159/92  •  19 Jan 2000  •  Nigeria

Coram
MORONKEJI OMOTAYO ONALAJA JCA; FRANCIS FEDODE TABAI JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA;

Judgement

ONALAJA, J.C.A. (Delivering the Leading Judgment): The plaintiff now referred to as appellant in this judgment filed a writ of summons against the three defendants referred to in this judgment as 1st, 2nd and 3rd respondents respectively at High Court Ibadan in Ibadan Judicial Division of the High Court of Oyo State with Coram as Honourable Justice R. G. Oyetunde.

After service of the writ of summons on respondents, pleadings were exchanged and amended that at the conclusion of trial it was based on amended pleadings. The amended pleadings shall simply be referred to in this judgment as statement of claim and statement of defence as the respondents had joint legal representation and joint statement of defence.

Following the now accepted rule of law of our civil process as decided in Udechukwu v. Okwuka 1956 SCNLR 189, Chief J.O. Lahau v. Chief Lajayetau and Ors (1972) 6 SC 190, Ajayi v. Military Administrator Ondo State (1997) 5 NWLR (Pt 504) page 237 SC, Odusoga v. Ricketts 19977 NW…

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