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MR. RAHMAN AREMU ADEGBITE & ORS v. ADVANCED ENGINEERING CONSULTANTS & ANOR

(2017) JELR 38208 (CA)

Court of Appeal  •  CA/L/816/2014  •  17 Feb 2017  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; UGOCHUKWU ANTHONY OGAKWU JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is against the decision of the High Court of Justice of Lagos State Holden at Badagry (the Court below) whereby it refused to set aside its summary judgment granting the 1st respondent possession of a parcel of land situate at Olorunda Local Council Area of Badagry Local Government, Lagos State.

The appellants' stance at the Court below was that they were not served the originating process before summary judgment was entered against them. While the 1st respondent maintained contrariwise that the appellants were indeed served with the originating process as shown in one of their affidavits at the Court below.

The Court below believed the affidavit evidence tendered by the 1st respondent and dismissed the application for the setting aside of its judgment. The Court below proceeded in the same Ruling to make an order joining the appellants to the suit at the Court below. The appellant appealed against the refusal …

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