(2007) JELR 45805 (CA)    

Court of Appeal  ·  CA/IL/54/2005 ·  11 Jul 2007 ·  Nigeria
TIJJANI ABDULAHI Justice of The Court of Appeal of Nigeria HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
learned counsel
grounds of appeal
senior advocate
statute of limitation
trial court
record of proceedings
evidence of the plaintiff
senior counsel
honourable trial court
right of action
issue number
laws of kwara state
behalf of the respondent
declaration of title
lower court
statement of claim
behalf of alao gambari gurumoh family
circumstance of this case
original grounds of appeal
said land
tenure of the land
traditional evidence
additional grounds
appellant a. b. jimoh esq
area of the land
authorities of george v. u.b.a. ltd.
authorities of moaslewa thomas v. holder
cases of sele v.
close of the parties
customary owner of the parcel of land
exclusion of the defendant
high court of justice
high court of justice ilorin
ishola v. union bank plc
leave of this honourable court
madam ode alao gurumoh
mustapha v. governor of lagos state
oduntan v. akibuh
onwuchukwu v. n.d.i.c.
provisions of limitation law
rules of this court briefs
said grounds of appeal
san of counsel

IGNATIUS IGWE AGUBE J.C.A. (Delivering the Leading Judgment): At the High Court of Justice Ilorin, on behalf of Alao Gambari Gurumoh family the plaintiff/Appellant by his writ of summons dated the 17th day of March, 1999 and filed on the 18th March, 1999 together with his Amended Statement of claim filed on the 29th day of November, 1999 claimed as follows from the Defendant/Respondent: -

"(a). A declaration that the plaintiff's family (Alhaji Gambari Guramoh) is the Customary owner of the parcel of land measuring thirty plots situate, lying and being at Kulende near Niger River Basin Ilorin to the exclusion of the Defendant or any other person(s).

"(b). A declaration that the purported sale of part(s) of the said land by Madam Ode Alao Gurumoh to the defendant (if any) is null and void and of no effect whatsoever.

"(c). A perpetual injunction restraining the defendant, his agents, servants privies or any other person(s) deriving authority from him from commission of further acts) of …

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