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ISRAELAGBOOLA ADEDEJI PRINCE MICHAEL OLUSOLA ADEDEJI (FOR THEMSELVES AND ON BEHALF OF THE OLOFINSOLA RULING HOUSE) V. THE MILITARY ADMINISTRATOR THE ATTORNEY-GENERAL AND COMMISSIONER FOR JUSTICE DIRECTOR, CHIEFTANCY AFFAIRS SECRETARY, IJERO LOCAL GOVT. MR. BABINGTON ADESOLA (HEAD OF ADUGBALAJE RULING HOUSE) CHIEF J. O. OJO (EISABA OF IKORO-EKITI)

(2007) JELR 56059 (CA)

Court of Appeal  •  CA/IL/2/2005  •  8 Mar 2007  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA (Presided) JUMMAI HANNATU SANKEY JCA (Read the Lead Ruling) IGNATIUS IGWE AGUBE JCA

Appearances
Ayodeji Esan Esq. - for the Applicant/6th Defendant. -*- Chief (Mrs.) V. O. Awomolo Esq. holds the brief of Prof. G.D. Oke -*- - for the 1st and 2nd Respondents/Plaintiffs. -*- Gbemiga Adaramola Esq. (Asst. Chief Legal Officer, Ekiti State Ministry of Justice) - for the 3rd to 5th Respondents .

Judgement

SANKEY JCA (Delivering the Lead Ruling): Chief J. O. Ojo, the appellant/applicant herein, filed a motion on notice on 1st June, 2006 dated 30th May, 2006. Therein, he seeks the following orders from this court:

An order granting leave to the appellant/applicant to amend their notice of appeal by the inclusion of the additional ground of appeal attached as exhibit Ato the affidavit in support of this application ; An order deeming the amended notice of appeal as having been properly filed.

The motion is supported by a 19 paragraph affidavit duly sworn to by one Olayinka Esan.Annexed thereto is a schedule containingthe proposed additional grounds of appeal and it is marked exhibit A.

The motion was served on the two respondents therein named. Consequent upon this, the respondents filed a counter-affidavit of 20 paragraphs dated and filed 1st November, 2006 and deposed to by one Prince Michael Olusola Adedeji, the 2nd respondent herein.Annexed thereto are six exhibits marked A to F. On th…

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