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H.R.H OBA SAMUEL ADEBAYO ADEGBOLA (ELERUWA) & ORS v. MR. JAMES OLATUNDE IDOWU & ORS

(2017) JELR 38181 (SC)

Supreme Court  •  SC.584/2013(R)  •  13 Apr 2017  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; CLARA BATA OGUNBIYI JSC; AMIRU SANUSI JSC; EJEMBI EKO JSC; PAUL ADAMU GALINJE JSC;

Judgement

PAUL A. GALINJE, JSC (DELIVERING THE LEAD RULING): By a motion on notice dated 22nd April, 2014 and filed on the 23rd April, 2014, the Appellants/Applicants herein sought for the following reliefs:

1. Extension of time to file the Appellant/Applicants' Brief of Argument attached to the affidavit and marked Exhibit A.

2. Granting leave to the Appellants/Applicants to raise a new issue/a new point of law not raised either in the High Court or the Court of Appeal to wit:

"Whether or not the learned trial judge and the Court of Appeal have jurisdiction to entertain this action which was instituted in a non-judicial division to wit: "Eruwa Judicial Division."

3. Granting leave to the Appellant/Applicants to incorporate argument on the new issue/fresh point of law in the Appellants' Brief of argument (Exhibit A).

4. To deem as Properly filed and served the Appellants' Brief of Argument (Marked Exhibit A) already filed and served.

This motion is predicated on seven grounds and supported by a four …

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