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CHIEF MURAINA ADENIYI & ORS v. PRINCE ADEKUNLE ADEWAMIWA OGUNMUYIWA & ORS

(2017) JELR 37865 (CA)

Court of Appeal  •  CA/AK/38A/10  •  19 May 2017  •  Nigeria

Coram
UZO IFEYINWA NDUKWE-ANYANWU JCA; MOHAMMED AMBI-USI DANJUMA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Osun State High Court sitting at Ila Judicial Division and presided over by R.A. Siyanbola, J.

FACTS RELEVANT TO THE APPEAL

The 1st Respondent in 2004 filed a writ of summons and statement of claim challenging the approval of the appointment of the 4th Respondent, the Orangun of Ila given by the 2nd Respondent on the 22nd day of May, 2003.

In response, the defendants filed their respective statements of defence and raised therein points of law against the competence of the Plaintiff's claim. As a follow up, the 2nd, 3rd and 4th Respondents filed a preliminary objection, which was argued but dismissed by the Court on the ground that the Plaintiff's pleadings did not contain 22/5/03, the date of approval of the accrual of the cause of action, as only the Plaintiff's statement of claim was to be reckoned with in the determination of the objection.

The Court had however found tha…

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