OLUWADARE & ANOR
V.
ADENIGBA & ORS

(2015) JELR 40302 (CA)    

Court of Appeal  ·  CA/EK/35/2015 ·  30 Jun 2015 ·  Nigeria
CORAM
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
Core Terms Beta
appeal
respondents
trial court
oral evidence
declaratory reliefs
high court of ekiti state
civil procedure
learned trial judge
rules of court
statement of claim
27th day of march
default judgment
evidence act
honourable court
judgment of the trial court
oba abel jimoh ajibola oloniijogunaye
sole issue
trial judge
15th day of august
1st day of august
2nd respondents
ahmad olarewaju belgore
appellants brief of argument
b-c
boloukuromo moses ugo
cases ofokhuarobo v
chief judge of ekiti state
complete agreement
credible evidence
decision of the ekiti state high court
declarations
defendant of adanaogun ruling house
determination of the honourable court
enough material evidence
fatima omoro akinbami
h-c
incontrovertible affidavit evidence
judgment of hon. justice a. adesodun
leading judgment
learned counsel
lower court
lower trial court
omuo-ekiti division
order of court
prayers of the claimants
satisfactory evidence
summary judgment
sum of n100,000,000.00
support of the first issue
supreme court

AHMAD OLAREWAJU BELGORE, J.C.A.(Delivering the Leading Judgment): This appeal was brought against the decision of the Ekiti State High Court, Omuo-Ekiti Division, contained in the judgment of Hon. Justice A. Adesodun, delivered on the 27th day of March, 2014 in Suit No. HOM/9/2013.

The learned trial Judge granted the prayers of the claimants in an application to him to enter a default judgment against the Defendant for failure to enter defence in the substantive suit vide a writ of summons dated and filed on the 15th day of August, 2013 and statement of claim dated and filed on the 1st day of August, 2013.

The Appellants were not joined as parties to the suit before the trial Court, but were granted leave to appeal against the judgment as interested parties. This appeal has been brought vide a Notice of Appeal dated and filed on the 26th day of June, 2014 containing three (3) grounds of appeal.

In the Appellants Brief of Argument dated and filed on the 7th day of December, 2015, the foll…

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