(2005) JELR 45205 (CA)    

Court of Appeal  ·  CA/I/80/2001 ·  17 May 2005 ·  Nigeria
Other Citations
Oyede v. Olusesi [2005] 16 NWLR (pt.951) Pg. 341
Oyede v. Olusesi (2005) 16 NWLR (Pt. 951) 341
RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria FRANCIS FEDODE TABAI Justice of The Court of Appeal of Nigeria
Core Terms Beta
suit no. hcl
learned trial judge
exhibit a
family land
issue estoppel
learned counsel
exhibits f
inter alia
ruling of sonoiki
suo motu
trial court
said land
survey plan nos
area of land
exhibit b1
interlocutory injunction
late a. b. apatira
ajayi-ekun branches of adelu family
court of appeal judgment of 20th march
exhibit g
following issue
high court judgment of 4th june
high court judgment of 6th july
high court ruling of 15th april
late mr. a. b. apatira
leading judgment
oyede branch of the ikowogbe royal family
suit no. hct
additional issues
branch of the ikowogbe royal family
consent of the learned counsel
exhibit j.
ground of cross-appeal
j. akanike
j. f. ogunniyi
making of exhibits b1
parcel of land
partition of part of the said family land
pendency of the instant case
representative of oyede family
respective briefs of argument of the appellant
said defendants
said parcel of land

IBIYEYE, J.C.A. (Delivering the Leading Judgment): In suit No. HCT/229/94 filed in the Otta Judicial Division of Ogun State High Court of Justice, the plaintiff in a representative capacity instituted an action jointly and severally against the three defendants.

The parties to this action filed and exchanged pleadings, which were amended several times over. In the eventual amended statement of claim, the plaintiff in paragraph 35 of that pleading severally and jointly claimed the following reliefs against the defendants:

"(1) An order that the partition carried out by the late A. B. Apatira as embodied in survey plan Nos. AB 872 and A/B/OG dated 6th June, 1983, partitioning the land into parcels of 'A' and 'B' for the Oyede and Ajayi-Ekun branches of Adelu family is in conformity with -

(i) High Court judgment of 4th June, 1979, in suit No. HCL/22/78.

(ii) High Court judgment of 6th July, 1981, in suit No. HCL/38/79.

(iii) High Court ruling of 15th April, 1985, in suit No. HCL/27/84.

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