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OGUNDARE OSASONA VS OBA ADETOYINBO AJAYI

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OGUNDARE OSASONA VS OBA ADETOYINBO AJAYI

Legalpedia Citation: (2004) Legalpedia (SC) 11191

In the Supreme Court of Nigeria

Fri May 7, 2004

Suit Number: SC. 118/1999

CORAM


MUHAMMAD LAWAL UWAIS JUSTICE, SUPREME COURT

ALOYSIUS IYORGYER KATSINA-ALU JUSTICE, SUPREME COURT

IBRAHIM TANKO MUHAMMAD, JUSTICE, SUPREME COURT (Lead Judgment)

AKINTOLA OLUFEMI EJIWUNMI JUSTICE, SUPREME COURT


PARTIES


1. OGUNDARE OSASONA (SUBSTITUTED FOR EZEKIEL OLATUNDE-DECEASED) APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellant’s grounds of appeal were struck out by the court of appeal. One of the grounds was struck out for lack of particulars which were incorporated in the body of the ground.


HELD


The court held that the ground contained sufficient particulars and that the lower court ought to have considered it and remitted it back to the court of appeal.


ISSUES


Whether the court of appeal was right in striking out four grounds of the appellant’s appeal.


RATIONES DECIDENDI


CASES CITED


Osawaru V. Ezeiruka (1978) 6-7 S.C. 135 at 137;Saraki V. Kotoye (1990) 4 NWLR (pt.143) 144 at 160.Globe Fishing Industries Ltd V. Coker (1990) 7 NWLR (pt.162) 265 at 300N.I.P.C Ltd V. Thompson Organisation (1969) 1 All NLR 138 at 142Adeniyi V. Disu (1958) SCNLR 408 at 409Anyaoke V. Adi (1986) 2 NSCC (vol.17) 799 at 805Atuyeye V. Ashamu (1987) 1 NWLR (pt.49) 267 at 282;Koya V. United Bank for Africa Ltd (1997) 1 NWLR (pt.481) 251 at 265-266.Nsirim V. Nsirim (1990) 3 NWLR (pt.138) 285 at 297


STATUTES REFERRED TO


None.


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