(2002) JELR 44553 (CA)    

Court of Appeal  ·  CA/B/284/97 ·  11 Feb 2002 ·  Nigeria
Other Citations
Ibrahim v. Osunde [2003] 2 NWLR (Pt. 804)pg. 241
Ibrahim v. Osunde (2003) 2 NWLR (Pt. 804) 241
RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
3rd defendant
land instruments registration law
parcel of land
part of the land
preliminary objection
1st defendant
grounds of appeal
bini customary law
benin city
plan no. osa
lease agreement
survey plan no. osa
amended statement of claim
exhibit c3
mobil oil company
statement of claim
amended notice
laws of bendel state of nigeria
order of perpetual injunction
refusal of the learned trial judge
respect of the said parcel of land
1st defendant counter-claims
2nd defendant counter-claims
3rd defendant claims
admissibility of exhibit
bini native law
consideration of exhibit b
counter-claim of 1st defendant
evidence of the plaintiff
imam ibrahim goubadia
interest of the plaintiff
interlocutory ruling of the benin high court
joint statement of counter-claim
judgment of the substantive suit
late jubrila braimoh
leading judgment
only person
personal religion of a person
plan no jaa
possession of a person
state of affairs
suit no. b
true copies of the documents
use of the evidence of pw5
value of the land

AKAAHS, J.C.A. (Delivering the Leading Judgment): On 14/7/98 this court heard the motion which was filed on 16/1/98 in which several reliefs were set out. It granted an order consolidating the three appeals that arose from Suit No. B/154/88. The three appeals are: -

(1) Appeal against the interlocutory ruling of the Benin High Court dated 17/6/93 on the admissibility of Exhibit "IDI";

(2) Appeal against the judgment of the substantive Suit delivered on 3/5/95; and

(3) Appeal against the ruling of 18/4/96 in which the lower court refused to stay the execution of the judgment and instead ordered the appellant to pay a certain sum of money into court.

The main appeal is based on the amended notice dated 5th May, 1999 which was filed pursuant to the motion dated 4th May, 1999 and filed on 6/5/99. The application sought to further amend the notice and grounds of appeal earlier filed on 24/7/98 and it was granted on 15/6/99.

In paragraph 27 of the amended statement of claim the plaintiff cl…

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