ADEDIPE
V.
THEOPHILUS

(2005) JELR 45302 (CA)    

Court of Appeal  ·  CA/L/259M/2002 ·  16 May 2005 ·  Nigeria
 · 
Other Citations
Adedipe v. Theophilus [2005] 16 NWLR (Pt.951) 250
Adedipe v. Theophilus (2005) 16 NWLR (Pt. 951) 250
CORAM
MUSA DATTTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria
Core Terms Beta
order
respondent
lower court
said property
civil procedure
adenike uthman
learned trial judge
lagos high court
lagos state
mrs. adenike uthman
notice of appeal
suit no. id
circumstances of the case
counter affidavit
filing of pleadings
issues of the contending titles of the parties
purchase receipt
support of the summons
warrant of possession
addresses of counsel
attorney general abia state
claims of the respondent amounts
consideration of the affidavit evidence
contending titles of the parties
copy of the affidavit
court proceeding
favour of the appellant
following circumstances
following issues
further affidavit
humble view of this court
leading judgment
order of his lordship
order of the lower court
originating summons of the appellant
possession of the parcel of land
proper cause of action
pursuit of her claim
respect of the property
said madam ogunfemi magbagbeolu
said mrs. adenike uthman
said suit
set aside
single ground of appeal
such issues of fact
valid dispute
way of an originating summons

M.L. GARBA, J.C.A. (Delivered the Leading Judgment): By way of an originating summons, the appellant sought an order from the Lagos High Court to recover possession of the parcel of land at 23 George Street, Shomolu, Lagos.

When served with the summons which as required by law, was supported by an affidavit and later on further affidavit, the respondent filed a counter affidavit. After a consideration of the affidavit evidence along with the addresses of counsel, the lower court in a ruling delivered on the 18th February, 2002, concluded thus, inter alia:-

" ... It is the humble view of this court that the matter before this Court cannot be dealt with without looking into the issues of the contending titles of the parties. In the circumstances, it is my humble view that this matter can be more conveniently dealt with on its merits by taking evidence VIVA VOCE. Accordingly, I make orders for filing of pleadings... The plaintiff's originating summons dated 8th June, 2001 is hereby struc…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login