ADEDEJI
V.
FATOYINBO & ANOR

(2013) JELR 36052 (CA)

Court of Appeal 6 Mar 2013 Nigeria
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Case Details

Suit Number:CA/AK/124/2011
Judges:KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Court of Appeal of Nigeria ALI ABUBAKAR B. GUMEL Justice of The Court of Appeal of Nigeria CORDELIA IFEOMA JOMBO-OFO Justice of The Court of Appeal of Nigeria
Counsel:J.O DISU ESQ. For Appellant BIODUN FASAKIN ESQ. with LAWRENCE ASO ESQ, and PETER EZIKE ESQ. For Respondent

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the High Court of Ondo State sitting at the Akure Judicial Division delivered on 11/2/2011 wherein the trial court overruled the defendant's (now appellant's) preliminary objection raised vide a motion on notice dated 4/10/10 and filed on 5/10/10 seeking the dismissal of the plaintiffs' (now respondents) suit in limine for lack of jurisdiction on the basis of estoppel per rem judicatam.

By their writ of summons dated 15/3/2010, the respondents instituted an action against the appellant at the court below for the following reliefs:

1. Declaration that the plaintiff's are the persons entitled to Statutory Rights of Occupancy in respect of a piece or parcel of land being at Ipona-nla farmland, Ondo Road, Akure bounded by Adun farmland and Akingbade farmland.

2. Perpetual injunction restraining the defendant, her agents, privies, assigns, representatives and any person …

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