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PRINCE JOEL OLOWODE AMOS & ORS v. OBA ISRAEL ADEWALE OKOYA & ORS

(2014) JELR 33045 (CA)

Court of Appeal  •  CA/L/670/2011  •  21 Mar 2014  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; JOSEPH SHAGBAOR IKYEGH JCA; RITA NOSAKHARE PEMU JCA;

Judgement

RITA NOSAKHARE PEMU, J.C.A. (Delivering The Leading Judgment): This appeal emanated from the Judgment delivered on the 22nd of April 2009 by Hon. Justice Adebayo of the High Court of Lagos State, Badagry Division in Suit NO.BD/76/07.

In it, the trial Court dismissed the Appellants' application for joinder dated 7th July 2008 and went on to hold that the Appellants were not necessary parties whose presence were important for the determination of the suit.

FACTS

The 1st Respondent (as one of the Claimants in the Lower Court) had in paragraph 32 of the Statement of Claim dated 31st of October 2007, claimed against the 2nd and 3rd Appellants (Defendants in the Lower Court) jointly and severally the following:-

(i) A declaration that the pronouncement of the 1st and 2nd Defendants to the effect that the Claimant should maintain the STATUS QUO that exist before 27th May, 2007 which pronouncement was made on Monday 29th October, 2007 is wrongful, illegal, unconstitutional, null and void ad o…

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