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OBA JIMOH AJAGUNGBADE III v. OBA SAMUEL ADEGBOYEGA OSUNBADE

(2017) JELR 38055 (CA)

Court of Appeal  •  CA/I/52/2012  •  2 Mar 2017  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA; MODUPE FASANMI JCA; NONYEREM OKORONKWO JCA;

Judgement

MODUPE FASANMI, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the ruling of the Oyo State High Court of Justice in Suit No. 1/784/2001 delivered on the 12th of December 2011.

The brief facts of the case are that the Appellant herein as Plaintiff took out a Writ of Summons and Statement of Claim against the Governor of Oyo State in 2001 as per his Writ at pages 3-8 of the record of appeal. The Respondent applied to be joined as Defendant to the suit. By an order of the lower Court, the Respondent was joined as the 3rd Defendant in the suit. On 25th March 2003, the Respondent filed a statement of Defence and Counter-claim against the Appellant alone. The Respondent as 3rd Defendant/Counter- Claimant filed a motion dated 15th February 2009 to amend his Statement of Defence and Counter-Claim. Upon taking the arguments of counsel in the case, the learned trial Judge granted the amendments in part. The Respondent as 3rd Defendant/Counter-Claimant instead of filing the …

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