(2016) JELR 46481 (CA)    

Court of Appeal  ·  CA/I/428/2014 ·  18 Mar 2016 ·  Nigeria
ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria OBIETONBARA O. DANIEL-KALIO Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
instant case
order of interlocutory injunction
statement of claim
record of appeal
court processes
supreme court
affidavit of service
local government area of ogun state
ogun state high court
order of this honourable court
s.c. p
21st day of june
grant of the order of interlocutory injunction
issue of service
points of law
above stated conditions
cases of aghenghen
circumstances of this case
date of judgment
d construction co. ltd v
deposed facts
evidence of service of the court processes
final judgment of a court of coordinate jurisdiction
fwlr p
high court
issue of service of the originating processes
judgment of this honourable court
lack of jurisdiction
law holds
leading judgment
loads of dagboh
motion show
non-service of court processes
order of court
order of perpetual injunction
order set
perpetual injunction
ruling of the ogun state high court
said ruling
service of court
set aside
set such judgment
specific finding of fact
such course
sum of n1
t. a. okunsokan

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the Ogun State High Court, Ota Judicial Division, delivered by Catherine Ogunsanya, J on the 21st day of June, 2012. By the said Ruling, the learned trial Judge set aside the judgment of the same Court delivered on the 27/10/2009 by T. A. Okunsokan, J.

Before the Ogun State High Court, one Mr. Jeremiah Oludamilare Oke took out a Writ of Summons and Statement of Claim seeking for sundry reliefs as contained at Paragraph 14 of the Statement of Claim filed on the 16/7/2009. The said Statement of Claim was subsequently amended by order of Court. It was filed on the 27/10/2008. By the Amended statement of claim, the plaintiff/Appellant claimed as follows:

"(a) Declaration that the claimant is the owner by purchase and is entitled to the statutory Right of Occupancy of all parcel of Land measuring 1,39.586sq. Mts and known as Plot 7 and 10 on Alhaji Azeez Ajani Bello Family Layout situate,…

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