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ALHAJI HABIB OYEDE v. KAMORU OLUSESI & ORS.

(2005) JELR 45205 (CA)

Court of Appeal  •  CA/I/80/2001  •  17 May 2005  •  Nigeria

Coram
RAPHAEL OLUFEMI ROWLAND JCA; SAKA ADEYEMI IBIYEYE JCA; FRANCIS FEDODE TABAI JCA;

Judgement

IBIYEYE, J.C.A. (Delivering the Leading Judgment): In suit No. HCT/229/94 filed in the Otta Judicial Division of Ogun State High Court of Justice, the plaintiff in a representative capacity instituted an action jointly and severally against the three defendants.

The parties to this action filed and exchanged pleadings, which were amended several times over. In the eventual amended statement of claim, the plaintiff in paragraph 35 of that pleading severally and jointly claimed the following reliefs against the defendants:

"(1) An order that the partition carried out by the late A. B. Apatira as embodied in survey plan Nos. AB 872 and A/B/OG dated 6th June, 1983, partitioning the land into parcels of 'A' and 'B' for the Oyede and Ajayi-Ekun branches of Adelu family is in conformity with -

(i) High Court judgment of 4th June, 1979, in suit No. HCL/22/78.

(ii) High Court judgment of 6th July, 1981, in suit No. HCL/38/79.

(iii) High Court ruling of 15th April, 1985, in suit No. HCL/27/84.

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