AJAGUNNA
V.
AMUSAN

(2002) JELR 44507 (CA)    

Court of Appeal  ·  CA/I/34/95 ·  23 Apr 2002 ·  Nigeria
 · 
Other Citations
Ajagunna v. Amusan [2003] 9 NWLR (Pt.825)291
Ajagunna v. Amusan (2003) 9 NWLR (Pt. 825) 291
CORAM
MORONKEJI OMOTAYO ONALAJA Justice of The Court of Appeal of Nigeria FRANCIS FEDODE TABAI Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria

ONALAJA, J.C.A. (Delivering the Leading Judgment): The plaintiff now respondent in this appeal sued originally as defendant Tawakalitu Wurola Fabunmi Ile-Ife High Court of Osun State wherein there were exchanges and deliveries of pleadings which were amended with the result that the trial was concluded on amended statement of claim, amended statement of defence and reply to amended statement of defence.

As it is trite law that the particulars of claim set out in the statement of claim supersedes the particulars of claim set out in the writ of summons the claims of plaintiff/respondent are discernible in paragraph 34 of the amended statement of claim thus:-

"34. Where of the plaintiff claims against the defendant a declaration that he (the plaintiff) is entitled to be granted the customary right of occupancy of the farmland situate, lying and being at Ebe Okuta, Kola village via Modakeke Oramiyan (now He North) Local Government Area, Oyo State five thousand Naira (N5,000,00) general …

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