NELSON-MOORE & ANOR
V.
MEDICINE PLUS LTD & ANOR

(2014) JELR 39710 (CA)

Court of Appeal · CA/L/486/2013 · 21 Nov 2014 · Nigeria

CORAM

SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms ^Beta

summons

appellants

lower court

plan no. ls

saka tinubu street

1st defendant

1st respondent

victoria island

4th defendant

deed of assignment

learned trial judge

record of appeal

originating summons

title no. lo

lagos state land registry

order of this honourable court

plots 1282a

support of the originating summons

survey plan no. ls

first respondent

lagos state high court

2nd defendant

2nd respondent

pillar numbers s

substantial dispute of fact

substantial dispute of facts

appellants brief of argument

area of that portion of plot

area of the said portion

counsel ogochukwu mbamalu

counsel olumuyiwa f. owoturo

determination appellants

discretion make reference

enabling instrument

exercise of her discretion

following questions

instrumentality of plan no. ls

lower courts discretion

order of this honorable court

own no.45a

parties file pleadings

plot 1282c

said deed of assignment

substance of the appellants claim

such proviso

various state high court rules

very nature of an originating summons

virtue of plan no. ls

wrongful exercise of discretion

TIJJANI ABUBAKAR, JCA (Delivering the Leading Judgment): This appeal is against the ruling delivered by Lufadeju J, of the Lagos State High Court on the 15th day of June 2007 directing parties to file pleadings. In brief the facts are that the Appellants in this appeal, commenced action at the lower by Originating Summons under Order 3 rule 5 of the Lagos State High Court Civil Procedure Rules 2004. The Appellants as Claimants submitted the following questions for determination:

1. Whether the area of that portion of Plot 1282 at Saka Tinubu Street, Victoria Island, otherwise known as No. 45, Saka Tinubu Street, Victoria Island, Lagos, measuring 618.105 square metres, stated in and assigned under the DEED OF ASSIGNMENT now, registered under Title No. LO 8580 at the Lagos State Land Registry had, by virtue of Plan No. LS/D/LA 1063, annexed to the DEED, which letter the area of the said portion as measuring 700.299 square metres, in law been modified, enlarged, extended or added to.

2. …

NELSON-MOORE & ANOR V. MEDICINE PLUS LTD & ANOR

NELSON-MOORE & ANOR
V.
MEDICINE PLUS LTD & ANOR