(2000) JELR 44143 (CA)    

Court of Appeal  ·  CA/L/266/98 ·  24 Jan 2000 ·  Nigeria
Other Citations
Adewuyi v. Odukwe (2000) 1 NWLR (Pt.654)616
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st defendant
2nd defendant
kingsley ijoma
learned trial judge
mr. oyewo
statement of claim
better title
exhibit b
exhibits b1
oral evidence
piece of land
purchase receipt
cross examination
extension of time
gabriel nwosu
mere possession
parcel of land
trial judge
3rd witness
affidavit of urgency
application of the 2nd defendant
conclusion of the trial
course of the testimony of dw2
court of appeal act
defence of lis pendens
exhibit b. ijoma
favour of the plaintiff
following principles
high court of lagos state
leading judgment
leave of the court
mrs. elizabeth dumuje of the land
niger land ltd.
no.2 obasa street anifowoshe
owner sell
part of the sequence of events
plaintiff claims
plaintiff land
plaintiffs senior counsel mr. ohwovoriole
purported sale
said land
sets of events
subject matter of this action
survey plan no. esl
totality of evidence

NZEAKO J.C.A. (Delivering the Leading Judgment): In the suit filed on 23rd November, 1992 at the High Court of Lagos State which came before B.O. Martins J., the plaintiff had originally claimed against the 1st defendant only, a declaration that he was the person entitled to the statutory right of occupancy to a piece of land at No.2 Obasa Street Anifowoshe, Ikeja, N500 special and general damages for trespass and perpetual injunction restraining the defendant, his servant, agents etc, from further trespass.

Pleadings were much later exchanged by parties after much delay by the Defendant, who caused a rehearing of the suit. The matter then proceeded to retrial. Following certain developments after the suit was being heard, the 2nd defendant got leave of the Court to be joined as 2nd Defendant, and the plaintiff amended his statement of claim. His claim then had new paragraphs 2 and 3 and now read as follows:

The plaintiff claims against the defendants:

"1. A declaration that the pla…

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