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TUMO
V.
MURANA

(2000) JELR 56924 (CA)

Court of Appeal 7 Mar 2000 Nigeria
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Case Details

Suit Number:CA/I/101/94
Judges:ALOMA MARIAM MUKHTAR, JCA (Presided) MORONKEJI O. ONALAJA, JCA (Read the Leading Judgment) DALHATU ADAMU, JCA
Counsel:L. O.Olatunji, Esq. - for the 1st Appellant. -*- J. O. Ajakaiye, Esq. - for the 2nd Appellant. -*- Adeniyi Akintola, Esq. (with Miss N.Osuji, Esq.) - for the Respondent.

ONALAJA, JCA (Delivering the Lead Judgment): The plaintiff commenced, by writ of summons, an action in the High Court, Ibadan, of Ibadan Judicial Division, Oyo State High Court against five defendants , namely Lasisi Adebisi, Dokun Adegoke, Ayoade Adegoke, Yisau Dokun and Raimi Tumo. After services of the writ of summons individually against the five defendants, pleadings were delivered, served and exchanged. 1st defendant filed his defence alone whilst 2nd to 5th defendants through joint legal representation of a learned counsel. They set up a counter-claim against the plaintiff. Following the now acceptable elementary principle of law that a statement of claim supersedes the particulars of a writ of summons, the plaintiff’s claim are discernible in the undermentioned paragraphs of the statement of claim:-

“23 By reason of the premises the plaintiff has suffered from the defendants jointly and severally damages for trespass to his said parcel of land. Particulars of damages

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