TIJANI AMOO KARIMU AGORO ADEDOKUN ADEDEJI ASIRU ADEMOLA ALIMI ASIRU (ALIAS AKANJI ABA) V. ALHAJI BUSARI ALABI KARIMU ADEDOKUN NOSIRU APOLABI RABIU ADESOLA SAKA AJENIFUJA (FOR THEMSELVES AND ON BEHALF OF 21 OTHER MEMBERS OF IDAGBASOKE MODEKE-IGBOHO)

MUSDAPHER, JSC (Delivering the Lead Judgment): This is an appeal from the ruling delivered by the Court of Appeal, Ibadan Division, on the 28th of September, 1999 in appeal No. CA/1/M. 70/97 wherein the Court of Appeal, [Onalaja, Adamu and Tabai, JJ.CA] granted the respondents’ application by striking out the two notices of appeal dated the 27th day of June, 1996 and 4th July, 1996 filed by the appellants herein in Suit No. HSK/48/91 respectively at the registry of the Court of Appeal and the High Court Registry, Saki, Oyo State, as being incompetent as same were filed outside the time prescribed by section 25(2) of the Court of Appeal Act, Cap. 75 Laws of the Federation of Nigeria, 1990. But before the consideration of the grounds of appeal herein and the issues distilled therefrom it is convenient at this stage to sketch out the background facts. The respondents herein were the plaintiffs in Suit No. HOY/48/91 later transferred to Saki Division, Oyo State and renumbered HSK/48/91.

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