(2000) JELR 44043 (CA)    

Court of Appeal  ·  CA/I/159/92 ·  19 Jan 2000 ·  Nigeria
Other Citations
Oyebadejo v. Olaniyi (2000) 1 NWLR (Pt.657)485
MORONKEJI OMOTAYO ONALAJA Justice of The Court of Appeal of Nigeria FRANCIS FEDODE TABAI Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
additional grounds of appeal
learned trial judge
trial court
reasonable doubt
1st defendant
brief of argument
evidence act
grounds of appeal
2nd defendant
statement of claim
misdirection of facts
weight of evidence
3rd respondents
documentary evidence
nwlr pt
general damages
high court
leading judgment
learned counsel
record of appeal
said car
1st defendant alhaji ramoni olaniyi
breach of the fundamental rules of natural justice
change of ownership exhibit
claims of the appellant
completion of arguments
conclusion of trial
contract of sale of car
court registry
criminal trial
custody of goods
exhibit d.
expert evidence of the 2nd p.w.
filling of an appeal
following issues
high court ibadan
mandatory order
notice of appeal
paragraph b
paragraph c of respondent
questions of ownership
registration no. oy 1135fe
rule of law of our civil process
sale of car agreement
signature of the plaintiff
superior courts of record

ONALAJA, J.C.A. (Delivering the Leading Judgment): The plaintiff now referred to as appellant in this judgment filed a writ of summons against the three defendants referred to in this judgment as 1st, 2nd and 3rd respondents respectively at High Court Ibadan in Ibadan Judicial Division of the High Court of Oyo State with Coram as Honourable Justice R. G. Oyetunde.

After service of the writ of summons on respondents, pleadings were exchanged and amended that at the conclusion of trial it was based on amended pleadings. The amended pleadings shall simply be referred to in this judgment as statement of claim and statement of defence as the respondents had joint legal representation and joint statement of defence.

Following the now accepted rule of law of our civil process as decided in Udechukwu v. Okwuka 1956 SCNLR 189, Chief J.O. Lahau v. Chief Lajayetau and Ors (1972) 6 SC 190, Ajayi v. Military Administrator Ondo State (1997) 5 NWLR (Pt 504) page 237 SC, Odusoga v. Ricketts 19977 NW…

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