(2012) JELR 39074 (CA)    

Court of Appeal  ·  CA/L/844/10 ·  4 May 2012 ·  Nigeria
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
abuse of court process
said judgment
inter alia
learned trial judge
statement of claim
toilet facilities
apatira street lagos
considered view
toilet form part of the said allocation
trial judge
above reason
animashaun v. uch
circumstances of that case
claimants idewu olawoyin branch
conclusion of a previous suit
dada v. dosunmu
defendants family
enforceable right of easement
exclusive use of their kitchen
humble view
idika v. erisi
i. m. m. saulawa jca
instant appeal
leading judgment
legal counsel
ltd v. chitex ind
musa saulawa
nigeria law
oath of alhaji shamsideen abayomi labinjo
oil marketing co.
partition of the oyedemi compound
per saulawa
rule of law
ruling of the lagos state high court of justice
sole issue
subject matter
suit no. ld
trite general principle

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The instant appeal is against the ruling of the Lagos State High Court of Justice delivered on May 7, 2007 in suit No. LD/192/94 by the Hon. Justice O.A. Taiwo. By the said ruling, the lower court dismissed the Appellants' application, dated January, 2007 seeking to dismiss the Respondents' suit No. LD/192/94, for being an abuse of court process.


On January 13, 1994 the Respondents filed a writ of summons, dated 12/01/94, seeking two declaratory reliefs against the Appellants.

However, by the further amended statement of claim thereof, filed on 13/6/05, the Respondents sought the following reliefs against the Appellants:

1. A declaration that the Claimants' are entitled to the exclusive use of their kitchen and toilet facilities situate within the property known as No. 7, Apatira Street Lagos; and the toilet facilities is the joint property of both the Claimants' a…

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