OLUDE
V.
ADEESO

(2015) JELR 44005 (CA)    

Court of Appeal  ·  CA/I/221/2007 ·  5 Aug 2015 ·  Nigeria
CORAM
ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria
Core Terms Beta
defendant
plaintiff
court
respondent
evidence
suit no.
terms of settlement
trial court
learned trial judge
alamu village
learned counsel
madam mobonike alamu
term of settlement
evidence of pw3
lower court
record of appeal
cogent evidence
entire evidence
judgment of the high court
parcel of land
evidence of dw1
exhibit c
honourable court
portion of the frontage of the plaintiff
admissible evidence
evidential burden
exhibit b3
george norman herrington
j.s.a. olayemi v
lone issue
order of court
b5 shows
deed of surrender
fact of the respondent
favour of james solomon adegoroye olayemi
following declaration
following reasons
gate of the house
high court of oyo state
ibadan judicial division holding
leading judgment
olayemi v
plaintiff claims
residue of the said term of years
respect of the conceded area
said contract of lease
said indenture
see exhibit d. see
see kala v
virtue of a deed of lease

MUDASHIRU NASIRU ONIYANGI, J.C.A. (Delivering the Leading Judgment): In his Further Amended Statement of Claim of 32 paragraphs the respondent in this appeal who was the plaintiff at the court below (High Court of Oyo State, Ibadan Judicial Division Holding in Ibadan) claimed against the appellant who also was the defendant before that court as follows:

Paragraph 32:

(i) Where upon the plaintiff claims against the defendant as follows:

(i) Declaration that the plaintiff is entitled to revoke the permission granted to the defendant through his predecessor to use the portion of the frontage of the plaintiff's land at Alamu Village, Apata-Ganga, Ibadan in judgment of the High Court, Ibadan on 15th February, 1983 OLAYEMI v. MADAM MOBONIKE ALAMU.

(ii) Declaration that the permission granted to the defendant through his predecessor to use the portion of the frontage of the plaintiff's land at Alamu Village, Apata-Ganga, Ibadan in the judgment of the High Court, Ibadan on 15th February, 1983…

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