CHINWE EUGENIA IYIZOBA, J.C.A.(Delivering the Leading Judgment): The Respondents herein as Claimants at the lower Court filed a suit against the Defendants/Appellants claiming for an order setting aside the judgment and orders of MAJEKODUNMI J made on 06/07/11 in suit no. HCS/78/2008, possession, damages for trespass and injunction. Pleadings were filed and exchanged. Trial commenced with the parties calling one witness each and tendering several documents as exhibits. At the conclusion of trial, final written addresses were ordered. The Defendants/Appellants filed their own written address. Instead of filing their written address, the Claimants/ Respondents filed a Motion on Notice on 19/11/13 seeking LEAVE of the trial Court to withdraw and discontinue the suit against the Defendants in its entirety. At the hearing of the application, the Defendants/Appellants Counsel stated that he was not opposed to the application but asked for costs and dismissal of the suit as witnesses had bee…
OLAOGUN & ORS
V.
OSINAIKE & ORS
(2018) JELR 38861 (CA)
Court of Appeal 20 Jun 2018 Nigeria
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Case Details
Suit Number:CA/I/72/2014
Judges:CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria
HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria
NONYEREM OKORONKWO Justice of The Court of Appeal of Nigeria
Counsel:FOLA AKINYEMI ESQ. For Appellant
OLUGBENGA ADENOWA ESQ. For Respondent
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