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COUTROUPIS & ANOR
V.
MOSES & ORS

(2018) JELR 34469 (CA)

Court of Appeal 16 Feb 2018 Nigeria
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Case Details

Suit Number:CA/L/817/2015
Judges:TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria
Counsel:N. O. Abudo with him, A. O. Osikoya And Segun Edema For Appellant Jelilat Yusuf and Abrahim Kolawole For Respondent

TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Lagos State delivered by M.O. Emeya (Mrs.) J. on the 18th day of December, 2014 in Suit No: ID/1409/2012. The Ruling is contained at pages 214 - 221 of the Records of Appeal. The suit was instituted by the Respondents against the Appellants by a Writ of Summons dated the 24th day of December, 2012, and contained at pages 1 - 7 of the Records of appeal seeking for declarations that the Respondents are trespassers on the land in dispute. The Appellants filed a Notice contained at pages 114 - 117 of the Records of Appeal seeking for the dismissal of the suit on the ground that the suit is statute barred. Appellants also challenged the suit on the ground that it was caught up by the doctrine of lashes and acquiescence.

The lower Court after hearing the objection dismissed the Motion and held that the suit filed by the Respondents was not statute barred. The Appellants becam…

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