(2016) JELR 40028 (CA)    

Court of Appeal  ·  CA/L/903/2012 ·  13 Jul 2016 ·  Nigeria
SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st defendant
exhibit 10b
learned trial judge
lower court
evidence act
commencement date
trial court
reasonable doubt
deed of development lease
statement of claim
circumstantial evidence
cross examination
2nd 21st defendants
cross appeal
fraudulent document
21st defendants
amended statement of claim
only valid deed of development lease
undated deed of development lease
agreed terms
argument of the appellant
charge no. a
chief executive officer
civil cases
civil suit
criminal matters
criminal proceedings
cw3 part of the team
following reliefs
forged document
forgery of the said exhibit 10b
grant of the 5th relief
issue of the discharge
issues touches
judgment of ipaye
lagos state high court
leading judgment
lease agreement
magistrates court of lagos state
notice of appeal
notice of cross appeal
reply brief
settled position of law
such seal impressions
testimony of cw1
true copy of the judgment

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of IPAYE, J. of the Lagos State High Court delivered on 3rd October, 2012.

The suit in the lower Court was commenced by an Amended Writ of Summons and Amended Statement of Claim, wherein the Claimant claimed the following reliefs:

1. A declaration that the only valid Deed of Development lease between the Claimant and the 1st Defendant are the Deed of Development lease stamped on 15/7/98 and the Supplemental Deed dated 30/9/98.

2. A declaration that the undated Deed of Development lease granting the 1st Defendant a lease of 20 years and purportedly made between the Claimant and the 1st Defendant is a forgery.

3. A Declaration that any agreement between the 1st Defendant and the 2nd - 21st Defendants purporting to grant the 2nd 21st Defendants a tenure that is beyond 31st July, 2004 is null and void and of no effect whatsoever.

4. A Declaration that the 1st Defendant is not ent…

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