(2018) JELR 38728 (CA)    

Court of Appeal  ·  CA/EK/54/2016 ·  5 Jul 2018 ·  Nigeria
AHMAD OLAREWAJU BELGORE Justice of The Court of Appeal of Nigeria FATIMA OMORO AKINBAMI Justice of The Court of Appeal of Nigeria PAUL OBI ELECHI Justice of The Court of Appeal of Nigeria
Core Terms Beta
2nd respondents
5th respondents
4th defendants
3rd respondent
2nd defendant
1st defendant
lease agreement
written statement
exhibit a
exhibit f
favour of the 3rd respondent
lower court
trial court
disputed land
evidence of inheritance
piece of evidence
exhibits b
michael oni
personal property
appellant counsel
credible evidence
statement of claim
following issues
ground b
ground e
order of court
4th defendant
5th defendant
5th respondent
beneficial owners of the land
court of first instance
facts of the case.the appellant
joint consent of the claimants
judgment of the high court of ekiti state
knowledge of the claimants
lawal v. mogaji
learned counsel
lease of the said land
lower trial judge
michael oni of no.
michael onis property
respect of a lease of land
respect of the land of the family
said land
said lease agreement
wind of the execution of exhibit a

PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ekiti State sitting in Ekiti delivered by Hon. Justice L.O. Ogundana on the 17th day of November, 2014 while sitting as a Court of first instance, the Appellant having been dissatisfied with judgment appealed this court vide the Notice of Appeal.

The claim of the 1st and 2nd respondents against the Appellant and the 3rd, 4th and 5th respondents as contained in the Writ of summons and statement of claim filed on 25th July 2013 is as follows:

(a) A declaration that the Late Pa. Michael Onis property at No. 3, Iro, Odose Street, Ise - Ekiti upon his death intestate can only be succeeded unto by his three Children viz: the Claimants and the defendant who are survivors to the estate of Late Pa. Michael Oni.

(b) A declaration that the lease of the said land to the 1st defendant by the 2nd defendant to 4th defendants in the year 2009 without the consent and knowledge of the cla…

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