PETER-ODILI JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Division, delivered on 19 December 2002, at which the court below set aside the judgment delivered by the trial High Court...
Plaintiff’s right and interest in or over the property in dispute.
Reacting to the statement of claim, the defendant filed a 20 paragraph statement of defence dated 13 March 1990, where he contended that the plaintiff’s claims are frivolous, vexatious, speculative and constituted an abuse of court process and that same should be dismissed with cost.
At the trial, the respondent testified for herself and called two witnesses, while the appellant testified for himself and called one witness. At the conclusion of trial and the final addresses of counsel to the respective parties, the learned trial judge dismissed the case of the plaintiff on the ground that the plaintiff failed to prove the claims.
The plaintiff as appellant appealed to the Court …