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ASIRU
V.
ASIRU & ORS

(2013) JELR 35399 (CA)

Court of Appeal 19 Dec 2013 Nigeria
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Case Details

Suit Number:CA/IL/30/2012
Judges:HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria UCHECHUKWU ONYEMENAM Justice of The Court of Appeal of Nigeria
Counsel:Manzuma Issa Esq. withIbrahim Ejike For Appellant J. O. Michaels (Mrs.) - 1st and 2nd RespondentsKamaldeen Ajibade Esq. with him Tunji Ojuokaiye Esq. - 3rd Respondent For Respondent

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Kwara State, Ilorin division delivered on 13/3/2012 in suit No. KWS/127/2010 wherein the claimant's claim was dismissed while judgment was entered for the 3rd defendant for a declaration and injunction out of her counter claim. The 3rd defendant is now the 3rd respondent.

As set out in their Amended Statement of claim, the appellant who was the claimant at the trial court sought the following reliefs:

1. A declaration that the sale of parcel of land located near Ganmo Station, Ganmo, by the 1st and 2nd defendants to the 3rd defendant without the consent and approval of the claimant being the head of Asiru Atunde family is void, wrongful and illegal.

2. An order of this Honourable court setting aside the purported sale of the parcel of land near Ganmo station, Ganmo, by the 1st and 2nd defendants to the 3rd defendant without the consent and approval of the claimant f…

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