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CHIEF ALBERT ABIODUN ADEOGUN & ORS V. HON JOHN OLAWOLE FASHOGBON & ORS.

(2008) JELR 33581 (SC)

Supreme Court  •  SC.183/2007  •  30 May 2008  •  Nigeria

Coram
NIKI TOBI JSC; DAHIRU MUSDAPHER JSC; GEORGE ADESOLA OGUNTADE JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; FRANCIS FEDODE TABAI JSC;

Judgement

F.F. TABAI, J.S.C. ( Delivering the Leading Judgment): The action which has given birth to this appeal was commenced at the Abuja Division of the Federal High Court on the 16/2/2007 when the writ of summons was issued. The plaintiff is the appellant in the substantive appeal pending at the Court below but the 1st Respondent in this appeal before us. The 1st and 2nd Defendants are also the 1st and 2nd Respondents in the said substantive appeal at the Court below but are the appellants before us.

In their motion filed on the 23/4/2007, at the Court below the two defendants/respondents prayed the court for:

"An order striking out this appeal on the grounds

(a) that the court no longer has jurisdiction to entertain or determine same.

(b) that the appeal has become purely academic or hypothetical."

The grounds for the application -are contained in paragraphs 3, 4, and 5 of the affidavit in support. The said paragraphs state:

"3. That the claims of the appellant (plaintiff) relate to his a…

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