(2018) JELR 39781 (CA)    

Court of Appeal  ·  CA/IL/72/2017 ·  6 Apr 2018 ·  Nigeria
MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
writ of summons
jurisdiction of the court
oyo state
2nd defendants
1st defendant
originating process
statement of claim
civil procedure
civil process act
learned counsel
leave of court
record of appeal
2nd respondent
ilorin kwara state
learned trial judge
requisite jurisdiction
respondents notice
concurrent writ
jurisdiction of this honourable court
mandatory provisions of sections
1st respondents claims
1st respondents objection
2nd defendants address
anor vs. philips
counter claim
filing of this case
gaa akanbi
grounds of the appellants preliminary objection
important thing
interlocutory appeal
issue of appearance of counsel
katsayan vs. fago
landed property
leading judgment
notice of preliminary objection of the appellants
order of perpetual injuction
order of specific performance
order of this honourable court
originating processes file
preliminary issue
rules of professional conduct
service of the 1st defendant
state of the originating process
suit no
totality of the case

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an interlocutory Appeal by the Appellants (who are the 1st and 2nd Defendants before the Court below) against the decision/ruling of the Kwara State High Court of Justice in Suit No: KWS/137/2016 delivered by Honourable Justice I.A. Yusuf on the 10th day of November 2016.

Therein, the Court below dismissed the Notice of preliminary objection of the Appellants challenging the competency of the Suit and the jurisdiction of the Court to entertain same.

By a Writ of Summons and Statement of Claim filed on 17th May 2016, the 1st Respondent as Claimant took out this action against the Appellants as 1st and 2nd Defendants and one ALHAJI Akeem Busari as 3rd Defendant.

The 1st Respondents claims against the Appellants and the 3rd Defendant are as follows:

i. AN ORDER OF SPECIFIC PERFORMANCE directing the 1st defendant to execute the deed of transfer on his landed property situate and lying at No. 43 Igbaja Road, Gaa Akanbi, …

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