(2014) JELR 39811 (CA)    

Court of Appeal  ·  CA/IL/65/2012 ·  27 Mar 2014 ·  Nigeria
HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria UCHECHUKWU ONYEMENAM Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
aro family
1st defendant
first defendant
purchase price
counter claim
exhibits d1
learned trial judge
olokin layout
exhibit d2
piece of land
plot of land
documentary evidence
payment of money
statement of claim
amended statement of claim
leading judgment
native law
respect of the land
said land
judgment of the high court of kwara state
learned trial court
oral evidence
purchase price of n6,000.00
purchase price of the land
said piece of land
2nd defendant
appeal fails
behalf of aro family of oro
building foundation of the 1st defendant
case show
claim of the claimants
findings of the trial court show
improper evaluation of evidence
late chief nicholas oyedele aro
order of court
order of perpetual injunction
order of the court
order of this honourable court
position of the documentary evidence
sole defendant
virtue of exhibit d2

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kwara State, Omuaran division delivered on 23rd December, 2010 in Suit No. KWS/OM/01/2003 commenced by the respondents for themselves and on behalf of Aro family of Oro through the writ of summons filed on 30/1/2003. The statement of claim was subsequently filed on 20/6/2003.

The suit was originally against the appellant as the sole defendant but upon his own application, another defendant, Irepodun Local Government was joined (as the 2nd defendant) which prompted the filing of Amended Statement of Claim by the respondents on 28/6/2004 with addition of one more relief.

The reliefs sought by the respondents are stated in paragraph 44 of the Amended Statement of Claim thus:

"a. A declaration that the Aro family is the owner under native law and custom of all the land that is lying and situate at Olokin layout, Oro in Irepodun Local Government and the family is enti…

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