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H.R.M OBA SAMUEL ADEBAYO ADEGBOLA (ELERUWA) & ORS V. MR. JAMES OLATUNDE IDOWU (FOR HIMSELF AND ON BEHALF OF LARIBIKUSI RULING HOUSE EXCEPTING LASUBU FAMILY OR SECTION OF LARIBIKUSI RULING HOUSE/QUARTERS) & ORS

(2023) JELR 111421 (SC)

Supreme Court  •  SC.584/2013  •  26 Jan 2023  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JSC MOHAMMED LAWAL GARBA JSC ADAMU JAURO JSC TIJJANI ABUBAKAR JSC EMMANUEL AKOMAYE AGIM JSC

Appearances
R.A. OGUNWOLE, SAN, with O.D. Erinoso, for the Appellants; ADENIYI AKINTOLA, SAN, with Oladele Oyelami, Esq., Sharon Anyaduba, Esq., Oluwafemi Abimbola, Esq., for 1st and 2nd the Respondents; SEGUN ADEBAYO for 5th Respondent; 3rd, 4th, 6th and 7th Respondents served but absent and unrepresented.

Judgement

EMMANUEL AKOMAYE AGIM, JSC (Delivering the Leading Judgment): On 29-11-2019 this honourable court delivered a unanimous judgment in SC.584/2013 affirming the judgment of the Court of Appeal in appeal No.CA/1/128/2011 that had affirmed the final judgment of High Court of Oyo State delivered in Suit No.HER/8/98 and dismissed the appeal of the applicants herein against the said judgment.

On 27-12-2019, the applicants herein, whose appeal to the Court of Appeal and further appeal to this court were dismissed, applied by a motion on notice to this court for -

1. To review/Set aside the judgment of this Honourable court in SC.584/13 between H.R.H Oba Samuel Adebayo Adegbola (Eleruwa) and 6 Ors. v. Mr. lames Olatunde Idowu (Deceased) and 4 Ors, delivered on the 29th day of November, 2019.

2. An Order allowing the Appeal as the Originating process which is the statement of claim which has superseded the writ of summons was signed by Legal Practitioners not known to law which was not considered i…

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