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OLATUNBOSUN
V.
ODUNJO & ORS

(2016) JELR 36884 (CA)

Court of Appeal 14 Jun 2016 Nigeria
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- The respondents, three female children of late Chief David Aluko Fawekun, challenged the validity of the sale of a piece of land to the appellant by their only male sibling, Mr Kayode Fawekun. - The respondents sought a nullification of t

Case Details

Suit Number:CA/EK/45/2015
Judges:AHMAD OLAREWAJU BELGORE Justice of The Court of Appeal of Nigeria FATIMA OMORO AKINBAMI Justice of The Court of Appeal of Nigeria BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria
Counsel:Adedayo Adewumi, Esq. with him, Mr Ugwuanyi For Appellant Dayo Akinlaja, Esq. (SAN) with him, Ilemobayo Akinbote, Esq. For Respondent

BOLOUKUROMO MOSES UGO, J.C.A. (Delivering the Leading Judgment): The action that culminated in this appeal was instituted by the respondents as claimants in the High Court of Ekiti State, via a writ of summons issued on 22/12/2010 pursuant to the Ondo State High Court (Civil Procedure) Rules of 1987 then applicable to Ekiti State. In that action the three respondents, all female children of late Chief David Aluko Fawekun, challenged the validity of the sale without their consent by their only male sibling, Mr Kayode Fawekun (now deceased), to the appellant of a piece of land situate at Ido-Ekiti which they claim devolved on them jointly from their said late father. It is common ground that the said Kayode, who later joined the suit as second defendant and contested it to conclusion in the Lower Court before his death, is next to the first respondent in terms of seniority among the four children of Chief David Aluko Fawekun. The respondents sought a nullification of the said sale. Thei…

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