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ALHAJI ASIMIYU ADO v. WAHEED FADAIRO ADO & ORS

(2016) JELR 41736 (CA)

Court of Appeal  •  CA/I/199/2013  •  20 May 2016  •  Nigeria

Coram
ALI ABUBAKAR BABANDI GUMEL JCA; HARUNA SIMON TSAMMANI JCA; OBIETONBARA O. DANIEL-KALIO JCA;

Judgement

OBIETONBARA DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): On 27/2/13 a Brief proceedings before the Lower Court culminated in the judgment of that Court. The proceedings under reference read as follows:-

Parties absent

Mr. Aiyeokutan applies for striking out of the entire suit. The Claimant has not been diligent in the prosecution of his case, I also pray for the striking out of the Counter-Claim my own case. We are no longer willing to prosecute it.

Court:- In view of the prayer of Mr. Aiyeokutan before this Court, This suit is hereby dismissed."

Following the above judgment, the Appellant became aggrieved. He had in his statement of claim claimed inter-alia that he be declared as the proper person to be recognized as the Mogaji/Baale of Ado family of Oke-Ado, Ibadan. Now, his case had been dismissed.

In his Notice of Appeal filed on 3/4/13, he sought to have the judgment set aside on two grounds, namely;

"GROUND ONE

The learned trial judge erred in law when she dismissed the Appeā€¦

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