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MR. ABDULGANIYU ADENIRAN & ANOR v. HRH OBA ABDULGANIYU AJIBOLA IBRAHIM & ORS

(2018) JELR 38324 (SC)

Supreme Court  •  SC.516/2012(R)  •  14 Dec 2018  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; MARY UKAEGO PETER-ODILI JSC; EJEMBI EKO JSC; PAUL ADAMU GALINJE JSC; SIDI DAUDA BAGE JSC;

Judgement

MARY UKAEGO PETER-ODILI, JSC (Delivering the Lead Ruling): This Motion on Notice was brought pursuant to Order 2, Rule 29 of the Supreme Court Rules and the inherent jurisdiction of the Court.

The 1st respondent/applicant, HRH Oba Abdulganiyu Ajibola Ibrahim Olusookun II, Elerin of Erin-Ile prays for the following reliefs: -

1. An order striking out the appeal for failure to comply with the mandatory provisions of Order 2, Rule 8 and Order 8, Rule 2 of the Supreme Court Rules.

2. An order striking out the appeal for incompetence as the necessary and mandatory party i.e. the incumbent Olofa of Offa who ought to be a party is not before this Court.

3. An order dismissing the suit before the trial Court for the Court's lack of jurisdiction to entertain same.

4. And for such further or other order(s) as the Honourable Court might deem fit to make in the circumstances of this case.

GROUNDS FOR THE OBJECTION:

i. The title of the appeal as filed does not reflect the same title as that which obtaine…

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