BERO
V.
OMOTOSHO

(2008) JELR 49424 (CA)    

Court of Appeal  ·  CA/L/462/06 ·  17 Jul 2008 ·  Nigeria
 · 
Other Citations
Adeyeni-Bero v. Omotosho (2008) IS NWLR (Pt. 1111) 576 C.A.
CORAM
PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria ADAMU JAURO Justice of The Court of Appeal of Nigeria
Core Terms Beta
judgment
court
9th may
case
judgment of candide-johnson
final judgment
set aside
grounds of appeal
default of the defendants
earlier decision
issue of service
learned trial judge
local government area of lagos state
lower court
ordinate jurisdiction
ex debito justitiae
learned counsel
originating summons
service of process
service of the initiating process
supreme court decision
unknown persons
brother judge
case of akinloye vs eyiola
case of mark vs eke
coram candide-johnson
decision of candide
default judgment
final decision
further execution of the judgment of the honourable court
gill of may
good reason
high court judge
higher court
important point
issue of valid service of the originating summons
judge of a high court
judgment of a court of coordinate jurisdiction
judgment of honourable justice candide johnson
leading judgment
necessary consideration of the merits of the case
nig ltd
process of court
proper service of the originating process
relevant court processes
respective motions
similar issue
skenconsult nig ltd vs ukey
victor woluchem vs chief gum

HUSSEIN MUKHTAR, J.C.A (Delivered the Leading Judgment): The appellant who was the claimant in the court below sought for and obtained an order for recovery of possession of a piece of land situate at Ogombo town opposite Asoko village in Eti-Osa Local Government Area of Lagos State (hereinafter referred to as "the land").

The suit filed by the claimant was initiated by an originating summons against ''unknown persons," After satisfying the lower court that the unknown persons had been duly served with the initiating and other relevant court processes, the court indulged the appellant's counsel to argue the case for the claimants in default of the defendants' appearance, after which it adjourned the matter for judgment. On the 9th May 2003 the lower court (Coram Candide-Johnson, J) delivered its judgment wherein it gave possession of the land to the appellant, and the judgment was executed about a month thereafter by giving possession of the land to the claimant/appellant (hereinafter…

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