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ALHAJI BABA BERENDE ABDULKADIR V. ALHAJI SAHARA ABDULKADIR USMAN ALHAJI ABUBAKAR IBRAHIM (For themselves and on behalf of the family of late Alhaji Abdulkadir Usman)

(2001) JELR 52918 (CA)

Court of Appeal  •  CA/IL/43/2000  •  20 Nov 2001  •  Nigeria



ONNOGHEN, JCA (Delivering the Lead Ruling): This is an appeal against the interlocutory decision of the Kwara State High Court of Justice sitting at Ilorin in Suit No. KWS/55/99 delivered by Hon. Justice Oluyemisi Ajayi on the 25th day of January 2000 in which he struck out the appellant’s application seeking an order dismissing or striking out the respondent’s action which was brought under the undefended list on the ground that the respondents lacked locus standi.

The facts of the case are that on the 7th day of May, 1999, the respondents caused a writ of summons under the undefended list to be issued to the appellant claiming the sum of N525,300.00 as debt due and payable to one Alhaji Abdulkadir Usman (deceased) who died on 10/3/98. The action was instituted by the respondents for themselves and as representing the family of the said late Alhaji Abdulkadir Usman. The appellant, upon being served with the writ filed a motion on 2/7/ 99 challenging the locus standi of the resp…

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