CHIEF ANTHONY AWOTE & ANOR. V. CHIEF OLATUNJI ODUNSI & ORS.

ALFRED PEARSON EYEWUMI AWALA, J.C.A. (Delivering the Lead Ruling): The applicants here filed this motion praying this court for:

(A) Leave to raise and argue a new point of law in this court which point of law was not previously raised in the lower court viz: "The Ijebu Ode Council of Olorituns, by name and style under which the action was filed is not a juristic person cannot therefore sue or be sued and so there is no proper plaintiff in law."

(B) Leave to amend the original Omnibus ground earlier filed in this case and dated 18/10/02 by adding further grounds thereto as follows:

1. The Ijebu Ode council of Olorituns the name and style under which the action was filed is not a juristic body and so cannot sue or be sued and consequently there is no proper plaintiff in law.

2. The learned trial Judge erred in law by holding that the plaintiffs had a right to prosecute the action despite the fact that they had opted out of Ijebu-Ode Council of Olorituns and had formed a parallel body …