(2021) JELR 108907 (CA)    
Court of Appeal  ·  CA/AK/40/2020 ·  1 Jun 2021 ·  Nigeria
Rita Nosakhare Pemu Justice of the Court of Appeal Hamma Akawu Barka of the Court of Appeal James Gambo Abundaga Justice of the Court of Appeal
Core Terms Beta
special damages
statement of defence
respondent’s claims
statement of claim
lower court
title documents
trial judge
exhibit p6
judgment of the high court of ondo state
learned trial judge
paras e-f
bank of the family
ground of appeal
withholding evidence
a. counsel
actual fact
appellant’s brief
briefs of argument
case of eneh v
claimant’s claims
claimant’s witness statement
consent of the head of family
counsel’s final oral submissions
exhibits p1-p7
family of late rufus olatunji akingbasote
grant of his claim
hon. justice o. a. adegbehingbe
leading judgment
list of exhibits
minimal evidence
native law
original notice of appeal
paragraphs statement of claim
paras f-c
paras f-g. see
photocopies of the said documents
precise amount of a particular item
release of all title documents
relevant documents
respondent’s cross examination
respondent’s demand letter
strict proof of the claim
suit of the respondent

JAMES GAMBO ABUNDAGA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ondo State delivered by Hon. Justice O. A. Adegbehingbe in Suit No. AK/179/2018, on 1st August 2019.

The judgment was predicated upon the suit of the Respondent, who at the lower Court as claimant sought the reliefs hereunder stated against the Appellant as defendant:

a. A DECLARATION that all the title documents handed to the Defendant are family properties of late Rufus Olatunji Akingbasote which devolves on his children under Yoruba native law and custom upon his demise, the deceased having died intestate.

b. An ORDER for the release of all title documents handed over to the Defendant pending when the documents will be collectively deposited in the bank of the family’s choice which he held in trust for the family of late Rufus Olatunji Akingbasote to the Claimant as the Head of the Family.

​c. An ORDER on the Defendant to pay to the Claimant’s family the total sum…

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