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MR. DAUDA SHANUSI & ORS v. ALHAJI M. OLAIDE ODUGBEMI & ANOR

(2017) JELR 37501 (CA)

Court of Appeal  •  CA/L/823/2014  •  24 Nov 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; YARGATA BYENCHIT NIMPAR JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The Appellants, as Claimants before the High Court of Lagos State in Suit No. ID/276/2008: MR. DAUDA SHANUSI and ORS. v. ALHAJI M. OLAIDE ODUGBEMI and ANOR, sued the Respondents claiming sundry orders of injunction and damages in respect of properties situate at Akoka, Ojodu and Surulere, all in Lagos State. Long after pleadings had been filed, exchanged and variously amended, the Appellants filed an application on 15th January, 2014 seeking for the following reliefs:

1. (a) ORDER SETTING ASIDE, OR HOLDING IN ABEYANCE, the Defendants Court processes in this suit, to wit:-

(i) Memorandum of Appearance dated and filed 17th November, 2008.

(ii) Statement of Defence, List of Witnesses to be called, Written Statements on oath, List of Documents with attached exhibits, all dated and filed 13th January, 2009.

2. ORDER SETTING ASIDE the ruling of this Court delivered and dated 10th June, 2011 extending the time within which to fi…

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