ISAIAH ATANSUYI V. B. O. KUFEJI & ORS
(2013) JELR 35439 (CA)
Court of Appeal
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CA/L/583M/09
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6 Dec 2013
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Nigeria
Coram
SIDI DAUDA BAGE JCA;
JOSEPH SHAGBAOR IKYEGH JCA;
TIJJANI ABUBAKAR JCA;
Appearances
E. O. Clegg - Appellant/Applicant For Appellant
Lanre Ogunlosi, S.A.N. with T. Jimoh, Esq. For Respondent
Judgement
<p>SIDI DAUDA BAGE, J.C.A. (Delivering the leading : ): The Appellant/Applicants who were Plaintiffs in suit No. LD/2884/93 at the High Court of Lagos State, Lagos Judicial division. The Appellants/Applicants had sought for in the main for the leave of this Court to raise fresh issue as to the jurisdiction of the lower court to entertain the Counter claim of the Respondents/Respondents dated the 7th of March, 1994 at pages 51-56 of the Record of Appeal in this suit and delivered judgment as it did on the 26th of February 2009. The said application is accompanied by a 10 paragraphs affidavit.</p><p> GROUND UPON WHICH THE APPLICATION IS BROUGHT</p><p> i.That the Respondent/Defendants/Counter Claimant's Statement of defence and counter claim dated 7th of March 1994 is incompetent as it was not signed by any of the counter claimants and or legal practitioner of their choice but the Law Firm of Lanre Ogunlesi and Co.</p><p> ii. That the granting of this application will be in the interest of justice as it w…</p>