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DR. OLUSANYA SONUGA v. APOSTLE ADEOLU AINA

(2015) JELR 41704 (CA)

Court of Appeal  •  CA/I/80/2009  •  6 Mar 2015  •  Nigeria

Coram
ALI ABUBAKAR BABANDI GUMEL JCA; HARUNA SIMON TSAMMANI JCA; OBIETONBARA O. DANIEL-KALIO JCA;

Judgement

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Ogun State High Court of Justice, Sagamu Judicial Division presided over by the Hon. Justice O. O. Olapade. The judgment was delivered on the 10th day of May, 2005 wherein, the learned trial judge dismissed the Plaintiff's (now Appellant's) claim as having been caught, by the doctrine of estoppel per rem judicatam.

By a writ of summons and the subsequent Amended Statement of Claim, the Appellant as Plaintiff had sought the following reliefs:

(a) Declaration that the piece or parcel of land known and called OGBODO farmland otherwise called AGBODU land situate at Simawa Village Sagamu Local Government Area in Sagamu Judicial Division of Ogun State with Annual Rental Value of Two Hundred Naira (N200.00) and more particularly shown on Plan No. OGK/048/96 dated 6th May, 1996 is in the customary possession and ownership of the Plaintiffs and the Plaintiffs are consequently entitled to S…

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