(2011) JELR 46117 (CA)    

Court of Appeal  ·  CA/AE/59/2010 ·  12 Apr 2011 ·  Nigeria
UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria HARUNA MOH'D TSAMMANI Justice of The Court of Appeal of Nigeria
Core Terms Beta
point of law
learned trial judge
lower court
res judicata
civil procedure
learned trial judge ought
exhibit sp
issue of law
demurrer proceedings
evidence act
judgment of a competent court of law
order of the court
single ground of appeal
issue estoppels
issue of res judicata
leading judgment
leg c of plaintiff
sole ground of appeal
trial of the case
abuse of court processes
aja v. okoro
cases of khalil v. yar
competence of the suit of the plaintiff
edem v. canon ball ltd
evidence ought
honourable court
inherent jurisdiction of court
interlocutory appeal
judgment of ekiti state high court
left hand side
legal requirement
notice of appeal
notice of preliminary objection
okolo v. u.b.n ltd
ondo state rules of the high court
p.111 paras d-e
p.1.at p.16 paras c-d
p.481 paras
points of law
rem jiudicata cases
said legs
s.c.n.j. p.1
subject matter
subject matter of this suit

HARUNA M. TSAMMANI, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the decision of Hon. Justice J.O. Adeyeye of the Ekiti State High Court, sitting at Ado- Ekiti. The Respondent as plaintiff before the lower court had taken out a writ of summons against the Appellant (as Defendant) wherein he sought for the following reliefs:-

(a) A declaration that the four bedroom flat bungalow (sic) lying, Ado-Ekiti bounded on the left hand side by untarred road, on the right hand side by Mr. FAMILUSI'S house, behind by uncompleted building under construction and on the front side by untarred road is joint property of the plaintiff and the defendant.

(b) An equal, just and fair shares in the property described in claim (a) above.

(c) An equal, just and fair shares in NISSAN CABSTAR pick-up tuck (sic) with registration No. XA 534 KLE jointly bought with the defendant.

(d) An order of the Court allowing the plaintiff to remove all her kitchen utensils and other hous…

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