(2001) JELR 44287 (CA)    

Court of Appeal  ·  CA/B/117/98 ·  9 Jul 2001 ·  Nigeria
Other Citations
Fasuba v.Adumashi (2001) 17 NWLR (Pt. 743)585
Fasuba v. Adumashi (2001) 17 NWLR (Pt. 743) 585
RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria BABA ALKALI BA'ABA Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
suit no. ak
first defendant
learned counsel
statement of claim
earlier case
police officer
statement of defence
3rd respondents
court invite arguments
court of appeal
entire proceedings
facts of the case
leading judgment
learned trial judge
ondo state high court
ondo state police commissioner
said judgment
set aside
suo motu
supreme court
akure high court
court of law raise
detention of her peugeot car
favour of the plaintiff
learned judge
much ado
notice of preliminary objection
points of law
rules of the court
said proceedings
said suit
see olusanya v
suit no.ak
third defendants
third party
validity of the decision of the trial court
wife of the appellant
writ of summons

ROWLAND, J.C.A. (Delivering the Leading Judgment): This suit No.AK/7/76 was commenced by a writ of summons dated 4th January, 1996 at the Ondo State High Court holden at Akure.

The plaintiff in the said suit claimed against the defendant the following reliefs:-

(a) A declaration that the entire proceedings including the judgment therein given on 23rd November, 1994 in suit No, AK/93/92 between the first defendant as plaintiff on the one hand and the second and the third defendants as well as the plaintiff as defendant on the other hand are wrongful, illegal, unconstitutional, null, void and of no effect whatsoever as the same are vitiated by fraud, misrepresentation, substantive and procedural irregularity and illegality.

(b) An order setting aside and nullifying the said proceedings and judgment, they being wrongful, illegal, unconstitutional, null ,void and of no effect whatsoever.

Pleadings were ordered by the court below. The plaintiff filed a statement of claim but only the 1st …

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