(2003) JELR 44833 (CA)    

Court of Appeal  ·  CA/L/222/93 ·  16 Jun 2003 ·  Nigeria
Other Citations
Oduwole v. L.S.D.P.C. [2004] 9 NWLR (Pt.878)382
Oduwole v. L.S.D.P.C. (2004) 9 NWLR (Pt. 878) 382
MORONKEJI OMOTAYO ONALAJA Justice of The Court of Appeal of Nigeria CHRISTOPHER M. CHUKWUMA ENEH Justice of The Court of Appeal of Nigeria ABUBAKAR ABDUL-KADIR JEGA Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
1st defendant
1st respondent
2nd defendant
record of appeal
special committee
madam aina banjo
brief of argument
counter claim
documentary evidence
2nd set of respondents
original plaintiff
amended writ of summons
cross examination
exhibits a
high court of lagos state
house ownership scheme
learned counsel
learned judge
leave of this court
statement of claim
1st day of february
acting secretary of the special committee
amended statement of claim
borno state
cases of lahan v
claims of the original plaintiff
defendants vide certificate of sale
elementary principle of law
first defendants
following facts
leading judgment
name madam aina banjo
no. 48c bank olemoh street
old age of this case
original defendant
plaintiff claims
purported sale of the dwelling house
review of the evidence
rules of brief writing of this court
trial judge

ONALAJA, J.C.A. (Delivering the Leading Judgment): Owing to the old age of this case with the appeal filed a decade ago, the original plaintiff and defendant had since died leading to the parties named as appellants and respondents, respectively as substituted parties with the leave of this court. The claims of the original plaintiff now appellants against original defendant now respondents following the acceptable, now elementary principle of law, that as parties are bound by their pleadings the claims set out in the statement of claim supersede the claims in the writ of summons as so decided in the cases of Lahan v. Lajoyetan (1972) SC 190, (1972) 1 All NLR (Pt. 2) page 217; Bamgbegbin v. Oriare (2001) 5 NWLR (Pt. 707) page 628 CA; Oyewole v. Lasisi (2000) 14 NWLR (Pt. 687) page 342 CA; Oyebadejo v. Olaniyi (2000) 5 NWLR (Pt. 657) page 485 CA; Kaigama v. A.-G., Borno State (2001) 16 NWLR (Pt. 738) page 94 CA; Eya v. Qudus (2001) 15 NWLR (Pt. 737) page 587 CA. The appellant's claims …

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