(2003) JELR 44857 (SC)    

Supreme Court  ·  SC.135/1998 ·  4 Apr 2003 ·  Nigeria
Other Citations
Thompson v. Arowolo (2003) 7 NWLR (Pt.818)163 (2003) 4 S.C (Pt.II) 108 (2003) 4 S.C (Pt.II) 108
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Core Terms Beta
trial court
iju railway station
printed record
frederick ephraim williams
statement of defence
1st plaintiff
good position
high court
statement of claim
survey plan
2nd plaintiff
following cases
ikeja division of lagos state
order of court
specific findings of facts
circumstances of this case
further appeal
judge of the high court of lagos state
lands registry
leading judgment
learned justices of the court of appeal
learned trial judge
plaintiffs claim
statement of defence of the respondent
trial of this suit
briefs of argument
documentary evidence
exhibits f
head of olarokun family of orile agege
judgment of that court
lagos state
leave of the trial court
olarokun family of orile
parcel of farm land
review of the evidence
said frederick ephraim williams
said order of the high court
submissions of counsel
such findings
suit no. p21
tracts of farm lands
trustees of the said frederick ephraim williams
unchallenged evidence of 2nd p.w.
unchallenged oral evidence
virtue of the supreme court order

A. O. EJIWUNMI, J.S.C. (Delivering the Leading Judgment): The action that culminated in this appeal was commenced by the appellants when they took out a writ of summons against the 186 respondent on the 10th day of June, 1983. Following the order that pleadings be filed, the parties duly filed and exchanged their pleadings. The appellants also filed with the leave of the trial court

an amended reply to the statement of defence filed by the respondent. The case was therefore heard on the issues as joined by the parties in their pleadings. The appellants by their statement of claim pleaded thus at pages 4-6 of the printed record: -

"1. The 1st plaintiff is the daughter of one Frederick Ephraim Williams who died testate at Palm Church Street, Lagos on the 12th day of November, 1918 and probate of his will was granted to the two Executors and Trustees named in his will.

2. The 2nd plaintiff is a private limited liability company incorporated under the Laws of Nigeria and having offices at…

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