DAWODU
V.
AJOSE

(2010) JELR 51113 (CA)    

Court of Appeal  ·  CA/L/419/2004 ·  9 Jun 2010 ·  Nigeria
CORAM
PAUL ADAMU GALINJE JCA (Read the Lead Judgment) IBRAHIM M. MUSA SAULAWA JCA
Core Terms Beta
lower court
1st respondent
notice of preliminary objection
learned counsel
1st appellant
provisions of the lagos state
limitation law of lagos state
amended statement of claim
statement of defence
respective parties
civil procedure
1st defendant
possession of the said land
preliminary objection
statute of limitation
registration of the purported lease
claims of the 1st respondent
high court of lagos state
parcel of land
point of law
trial judge
late father
lead judgment
inappropriate cases
broughtthis appeal
late mr. r. c. dawodu
preliminary objection a
cause of action
mr. victor e. onukwue
appeal process
learned trial judge
following issues
galinje jca
relevant provisions
rules
said land
briefs of argument
court rules
plaintiff’s title
raising of preliminary objection
different periods
disputed land
sections of the law
trial of this suit
counsel
precise date
life-time
only way
following reliefs

GALINJE JCA (Delivering the Lead Judgment): By an amended statement of claim dated 9 July 1998 and filed on 22 July 1998, the 1st respondent herein who was the plaintiff at the lower court claimed against: 1st appellant; the following reliefs:

A declaration that plaintiff is the lessee and present owner of the piece or parcel of land situate at and known as No. 1 Jonwo (Adejonwo) Street, Mende Village, Maryland which land is more particularly described and delineated on survey plan No. SEW/W/1325 dated 30 January 1969.

) An order granting possession of the said land to plaintiff on the ground that having denied plaintiff’s title, 1st defendant has forfeited the granted (sic) his late father and predecessors in title. ) A perpetual injunction restraining 1st defendant whether by himself or by his agents and privies from further trespassing on the said land.

(iv) Arrears of rent owing in respect of the said land at the rate of N320,000.00 (three hundred and twenty thousand naira) per an…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login