OLUWOLE
V.
MARGARET

(2011) JELR 46117 (CA)

Court of Appeal · CA/AE/59/2010 · 12 Apr 2011 · Nigeria

CORAM

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

rule

n.w.l.r

learned trial judge

lower court

res judicata

issues

civil procedure

law

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

point

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…

OLUWOLE V. MARGARET

OLUWOLE
V.
MARGARET