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IBITOYE
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IBITOYE

(2026) JELR 115097 (CA)

Court of Appeal 29 Jan 2026 Nigeria
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Case Details

Suit Number:CA/L/237/2018
Judges:Yargata Byenchit Nimpar JCA, Ademola Samuel Bola JCA, Polycarp Terna Kwahar JCA
Counsel:O. A. SOWEMIMO, SAN, with him, PAUL OKAH For Appellant O. FAYEMIRO, with him, HOPE BABALOLA For Respondent
Location:Lagos

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Lead Judgment): This appeal is against the bench ruling delivered by the High Court of Lagos State, coram: presided over by HONOURABLE JUSTICE M.A. SAVAGE on the 12th of February, 2018 in Suit LD/428PMC/2016. The Court delivered the ruling in favour of the Respondent and granted a 7 day period for the Appellant to study the ruling of the Court below and react before the matter proceeds.

Dissatisfied with a part of the decision of the Court below, the Appellants filed an amended notice of appeal on the 16th of January 2020 setting out 5 grounds of appeal. The facts leading to this appeal are amenable to a brief summary. The Appellant via a motion on notice sought approval of this Court for the property situated at 28A, Adeyemi Lawson Street be used as security for the credit facility. Counsel for the Respondent was only served same day and was prepared to proceed to the exclusion of the just served processes on him. The Court below raised …

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