(2004) JELR 45092 (CA)    

Court of Appeal  ·  CA/IL/19A/2000 ·  5 May 2004 ·  Nigeria
Other Citations
Ayoola v. Yahaya (2005) 7 NWLR (Pt.923)122
Ayoola v. Yahaya (2005) 7 NWLR (Pt. 923) 122
ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Court of Appeal of Nigeria JA'AFARU MIKA'ILU Justice of The Court of Appeal of Nigeria
Core Terms Beta
2nd defendant
1st defendant
lower court
ilorin-lagos road
civil cases
trial court
ayoola estate
grounds of appeal
learned counsel
learned trial judge
main case
order of perpetual injunction
12th day of november
award of damages
counter-claim of the respondent
learned trial court
sum of n200,000.00
burden of prove
cases of ojo v
complaints of the appellant
cross examination
date of deed of transfer
declaratory relief of the 1st defendant
declaratory reliefs
determination of the appeal
facts of the case
favour of the 1st defendant
grant of the reliefs
ilorin grammar school ilorin
judgment of the high court of kwara state
judgment of the learned trial court
leading judgment
notice of an interest of the plaintiff
order of the court
plaintiff possession of the said premises
present appellant
said property
suit no. kws
support of the 1st defendant
way of general damages

ONNOGHEN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kwara State in suit No. KWS/267/94 delivered by J.F. Gbadeyan, J. on the 12th day of November, 1999 in which the court granted the counter-claim of the respondent and awarded the sum of N200,000.00 by way of general damages. The appellant is not satisfied with the decision, hence, the appeal.

The complaints of the appellant as contained in his two grounds of appeal are as follows:

Grounds of appeal:

"1. The learned trial court erred in law in granting the declaratory reliefs asked for by the 1st defendant in the counter-claim against the 2nd defendant.

Particulars of Error

(a) There was no evidence adduced to support the grant of the reliefs in favour of the 1st defendant.

(b) The averments in support of the 1st defendant's counter-claim was abandoned as the 1st defendant did not proffer evidence on same.

(c) The assertion of the counter-claimant was never proved

(2) The …

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