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CHIEF YELE OYENEYIN & ANOR. v. DR. AKINKUGBE & ANOR.

(2000) JELR 44089 (CA)

Court of Appeal  •  CA/B/353/96  •  16 May 2000  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN JCA; BABA ALKALI BA'ABA JCA; SAKA ADEYEMI IBIYEYE JCA;

Judgement

IBIYEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Olamosu J. sitting in the High Court of Justice in Ondo delivered on the 20th of February, 1995.

The 1st and 2nd plaintiffs now 1st and 2nd respondents in this appeal filed subsequent to an amended writ of summons, a joint statement of claim and reply and defence to the counter claim which were amended several times over and were eventually titled further amended statement of claim with the plaintiff's reply and defence to the 2nd defendant's counter claim. The 1st and 2nd defendants who are the 1st and 2nd appellants in this appeal on the other hand filed separate statement of defence with counter claim albeit amended respectively. The 1st and 2nd plaintiffs sought the following reliefs in their paragraph 27 of the further amended statement of claim against the 1st defendant.

"27. Where upon the plaintiffs claim against the 1st defendant:

(i) Possession.

(ii) ₦100 per day from 1st December, 1…

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