(2021) JELR 109233 (CA)    
Court of Appeal  ·  CA/AK/318/2019 ·  15 Jul 2021 ·  Nigeria
Rita Nosakhare Pemu, JCA Hamma Akawu Barka, JCA James Gambo Abundaga, JCA
Core Terms Beta
notice of appeal
trial judge
grant of the land
notice of preliminary objection
record of appeal
declaration of title
paras c-d
respondents’ brief
trial court
brief of argument
learned trial judge
lower court
documentary evidence
gbeleaje residential layout registered
statement of claim
2nd defendants
addresses of counsel
adoption of the said arguments
appellant counsel
application of the 1st defendant
boundary of the land
case exhibit p4
claimant’s land
court of their preliminary objection
disposition of the parcel of land
dr. martins adedayo adesida
grandmother of the appellant
grant of statutory right of occupancy
grounds of appeal
judgment of the high court of ondo state
leading judgment
notices of appeal
omnibus ground of appeal
paras f-h
paras h-a.
personal service of a notice of appeal
plaintiffs’ claims
privies of the parcel of land
prosecution of the case
respondents’ notice
rules of this court
vast parcel of land

JAMES GAMBO ABUNDAGA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ondo State delivered by Hon. Justice OA. Adegbehingbe on 11th April, 2019 in Suit No. AK/176/2017.

The suit originally was commenced by Dr. Martins Adedayo Adesida as the lawful Attorney of the plaintiff (now Appellant). The Appellant subsequently took over the prosecution of the case personally, and therefore amended the processes to reflect this turn out of events. As at then those sued were just the 1st and 2nd defendants. Subsequently, on the application of the 1st defendant, the 3rd defendant was joined, and the processes duly amended to reflect this joinder.

In the further amended statement of claim of 41 paragraphs filed on 04/02/2019, the plaintiff/Appellant claimed the following reliefs against the defendants/Respondents:

1. A DECLARATION that the claimant is entitled to the grant of Statutory Right of Occupancy over the vast parcel of land particularly occ…

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