(2000) JELR 44047 (CA)    

Court of Appeal  ·  CA/I/229/90 ·  20 Apr 2000 ·  Nigeria
Other Citations
Akande v. Alagbe (2000) 15 NWLR (Pt. 690)353
MORONKEJI OMOTAYO ONALAJA Justice of The Court of Appeal of Nigeria DALHATU ADAMU Justice of The Court of Appeal of Nigeria FRANCIS FEDODE TABAI Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st defendant
land use act
learned trial judge
customary right of occupancy
customary court
statement of defence
3rd defendant
jurisdiction of the high court
statement of claim
lower court
record of appeal
counter claim
father of the 1st defendant
supreme court
lack of jurisdiction
grounds of appeal
jurisdiction of the court
1st plaintiff
learned counsel
provisions of section
yoruba native law
above case
acts of trespass
amended pleadings
behalf of orukotan family
case respondents
claims of appellants of grant
court of appeal rules
creatures of the constitution
customary tenants
defendants pleadings
exclusive jurisdiction
following paragraphs of the statement of claim
further acts of trespass
given case
grant of customary rights of occupancy
high court of oyo state
judgments of customary courts
leading judgment
oyo high court
oyo judicial division of oyo state
said customary court
said plan
statutory right of occupancy section
use of exhibits
vital issue of challenge

ONALAJA, J.C.A. (Delivering the Leading Judgment): The plaintiffs issued a writ against four defendants individually whilst plaintiffs sued for themselves and on behalf of Orukotan family there by in a representative capacity at the High Court of Oyo State holden at Oyo High Court in Oyo Judicial Division of Oyo State. The writs were served on the four defendants personally and individually. After services on defendants pleadings were filed, delivered, exchanged and amended with the result that the trial was concluded on amended pleadings. In the process of exchange of pleadings, the four defendants retained joint legal representation and applied High Court of Oyo State Civil Procedure rules to set up a counter-claim against the plaintiffs.

The amended pleadings are simply referred to as statement of claim, to be found at pages 10 to 13 of the record of appeal. The statement of defence and counter claim are at pages 14 to 17 of the record of appeal whilst the reply to the statement of…

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