H. R. M. OBA R. A. ADEJUGBE (ALADESANMI 111, EWI OF ADO-EKITI) CHIEF C. O. FAMUAGUN (SASERE OF ADO-EKITI) CHIEF J. O. ALADELOYE (ERUWON OF ADO-EKITI) CHIEF ABIODUN AKINYEDE (ASAMO OF ADO-EKITI) CHIEF APUGBO CHIEF LAWRENCE OMODARA (ELEJOKA OF ADO-EKITI) V. CHIEF BAMIDELE ADULOJU (THE EDEMO OF ADO-EKITI) MR. IDOWU ADULOJU MR. FELIX ADULOJU ABDULABUGAN SAMUEL AKINLADE MICHAEL OLUYEMI OLASEENI (FOR THEMSELVES AND ON BEHALF OF THE EDEMO FAMILY OF ADO-EKITI) CHIEF A. KOLAWOLE (THE BAISAYA OF ADO-EKITI FOR AND ON BEHALF OF THE BAISAYA FAMILY OF ADO-EKITI)
(2015) JELR 53821 (CA)
Court of Appeal
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CA/EK/58/2014
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30 Jun 2015
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Nigeria
Coram
AYOBODE O. LOKULO-SODIPE JCA (Presided) FATIMA OMORO AKINBAMI JCA BOLOUKUROMO MOSES UGO JCA (Read the Lead Judgment)
Appearances
Afolabi Fashanu, SAN (with him, N. A. Abass Esq.) - for the Appellants.
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O. Olatawura Esq. (with him, N. Owoseni Esq., O. Fatoki Esq.
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and A. O. Olayemi Esq.) - for the 1st to 6th Respondents .
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Ezekiel Agunbiade Esq. - for the 7th Respondent .
Judgement
<p><strong> UGO JCA (Delivering the Lead Judgment): </strong> This appeal is against an interlocutory decision of the High Court of Justice Ekiti State, Ekiti Judicial</p><p>Division, delivered by A.L. Ogunmoye J. dismissing the application of the appellants who sought an order preliminarily dismissing suit No. HAD/72/ 2013 of the 1st to 6th respondents on the grounds:</p><p>That Edemo family on behalf of which it was instituted is not a juristic person to maintain a suit in a law court and</p><p>(2) That the suit was a duplication of an earlier one and so constituted an abuse of process of court.</p><p>In the suit in question the 1st to 6th respondents, as claimants, claimed the following eleven (11) reliefs against the appellants and the 7th respondent as defendants: A Declaration that the judgment of the 2nd defendant and the recommendations of the 3rd to 7th defendants respectively declaring the area edged green in the survey plan in favour of the 2nd defendant was perverse, vitiated by prejudice and bias, null and void and of …</p>