(2000) JELR 44142 (CA)    

Court of Appeal  ·  CA/L/240/98 ·  30 Oct 2000 ·  Nigeria
Other Citations
Akinkunmi v. Sadiq (2001) 2 NWLR (Pt.696)101
Uko v. Mbaba (2001) 4 NWLR (Pt. 704) 460
Akinkunmi v. Sadiq (2001) 2 NWLR (Pt. 696) 101
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st defendant
cause of action
alli street
adverse possession
grounds of appeal
court of appeal
learned counsel
will of the late madam nimota ajiwun
learned trial judge
statement of claim
writ of summons
brother galadima
high court of lagos state
limitation law
madam nimota ajiwun
said judgment
suit no.ca
1st june
action of the respondent
briefs of argument
causes of action
civil procedure
determination of preliminary issues of law
following facts
high court lagos state
leading judgment
lower court
operation of limitation law probate action
order of perpetual injunction
owner of the land
plaintiff alhaji rasaq olanrewaju
possession of the property
possession of the shop
preliminary issue
respect of the shop
second issue
see alice k. okesuji v
single issue
statement of defence of the appellant
supreme court
wise counsel
yoruba native law

GALADIMA, J.C.A. (Delivering the Leading Judgment): The Respondent as plaintiff took out a writ of summons in the High Court Lagos State claiming as follows:

"1. A declaration that the property in dispute comprising a shop and two rooms at 25, Alli Street, Lagos belongs to the plaintiff Alhaji Rasaq Olanrewaju under Yoruba Native law and Custom.

2. An order of perpetual injunction restraining the 1st defendant from collecting rents in any form or manner in respect of the shop and two rooms at 25 Alli Street, Lagos.

3. Possession of the shop and two rooms,

4. Mesne profit at the rate of N500 for the shop and N250.00 for each room per month respectively from 1st June, 1990 until judgment."

On 4/3/98, plaintiff's writ was amended praying the court to dismiss the 1st defendant's action as being statute-barred. In the same vein on 22/1/98, the appellant as the 1st defendant by a summons on notice brought an application at the lower court under Order 23 rules 2 and 3 of the High Court of L…

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