ALHAJI YAKUBU OLATEJU V. COMMISSIONER FOR LANDS AND HOUSING, KWARA STATE, ATTORNEY GENERAL, KWARA STATE & RASHEED ABDULRASAQ KOLAWOLE
(2024) JELR 112505 (SC)
Supreme Court
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SC/202/2010
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26 Apr 2024
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Nigeria
Coram
JOHN INYANG OKORO JSC
MOHAMMED LAWAL GARBA JSC
HELEN MORONKEJI OGUNWUMIJU JSC
IBRAHIM MOHAMMED MUSA SAULAWA JSC
TIJJANI ABUBAKAR JSC
Appearances
Daya Akinlaja SAN with Jeremiah Akinlaja Esq for the Appellant.
Mohammed Adelodun Esq, with M. F. Belgore Esq, Abduljelil Egbewole Esq and M. K. Umar Esq for the 1st Respondent.
Senior Ibrahim Sulyman AG. Kwara with lsiaq Abdulrasheed Olorundare S/ 1 for the 2nd Respondent.
A. O. Usman Esq for the 3rd Respondent.
Judgement
<p style="text-align: justify"><strong>JOHN INYANG OKORO, JSC (Delivering The Leading Judgement): </strong> This is an appeal against the Judgment of the Court of Appeal, llorin Judicial Division, delivered on the 8th day of March, 2010, which dismissed the appellant's appeal and affirmed the Judgment of the High Court of Kwara State, deliver d on the 2nd day of June, 2008, which upheld the Preliminary Objection raised by the respondents against the Originating Summons filed by the appellant.</p><p style="text-align: justify">The appellant herein commenced an action before the High Court of Kwara State on the 23rd day of May, 2005, by way of Originating Summons, in a representative capacity. The said Originating Summons was supported by a 24 paragraph affidavit, Exhibits and Written Address, which are contained at pages 55-102 of the Record of Appeal. In the Originating Summons filed, the appellant posed three questions for the determination of the trial court, and five reliefs were predicated thereof.</p><p style="text-align: justify">In a nutshell, the case of the appellant was that the first and …</p>