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ASANI SOGUNRO & ORS v. AREMU YEKU & ANOR

(2002) JELR 47509 (CA)

Court of Appeal  •  CA/I/67/98  •  21 May 2002  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN JCA; MORONKEJI OMOTAYO ONALAJA JCA; DALHATU ADAMU JCA;

Judgement

ONALAJA, J.C.A. (Delivering the Leading Judgment): The plaintiffs at the OTTA Judicial Division of High Court of Ogun State, holden at Otta, issued a writ of summons against the defendants, the writ was duly indorsed and served on the defendants. After service of the writ of summons on the defendants, pleadings were ordered, filed, exchanged and amended, the plaintiffs' case was concluded on further amended statement of claim with the claims of plaintiffs set out in paragraphs 33 and 34 of the further amended statement of claim as follows:-

"(33) The defendants being tenants of the plaintiffs, have by their actions, denied the plaintiffs' title and have claimed ownership absolutely or through other source.

(34) Whereof the plaintiffs' claim:-

(a) A declaration of forfeiture of the defendants' tenure under native law and custom.

(b) Possession of the said land."

As the particulars of claims supersede the particulars of claims in the writ of summons J.O. Lahan v. Lajoyetan (1972) 6 Sc.…

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