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AKINSEGUN BABALOLA & ORS. V. ADUMO RUFUS

(2008) JELR 56932 (CA)

Court of Appeal  •  CA/IL/EP/HA/14/2007  •  16 Jul 2008  •  Nigeria

Coram
S. DENTON-WEST JCA (Presided and Read the Lead Judgment) JUMMAI HANNATU SANKEY JCA CHIMA CENTUS NWEZE JCA

Appearances
Oluwole Aladedoye Esq., - for the Appellants. -*- Chief A. A. Adeniyi (with him, A.O. Ipinmoroti and A. Umar) - for the 1st and 2nd Respondents. -*- 3rd Respondent - not represented though duly served with processes in the appeal; and -*- 4th - 8th Respondents, having been struck out of the appeal on D the application of the 1st and 2nd Respondents, were no longer par ties interest ed in the appeal a nd were t herefore not -*- represented by counsel.

Judgement

DENTON-WEST JCA (Delivering the Lead Ruling and Judgment): In this appeal, there is a need for a ruling and judgment. The ruling springs off from an application dated 11 March 2008, and filed on the 11 March 2008. It is an application to cross-appeal brought by the respondents seeking to cross-appeal. There were eight respondents in the appeal. However, on the application of counsel to the respondents, Chief A. A. Adeniyi, that the 4th - 8th respondents be struck out of the appeal to which Aladedoye Esq., counsel to the appellants said he had no objection and consequently, the 4th- 8th respondents who are not interested parties to the appeal were duly struck out of the appeal and their names deleted from the record.

When, therefore, the application dated 11 March 2008, came up forhearing on the 14 April 2008, the court had to order written addresses to be filed by the parties because of thevery vehement opposition of the appellants/ respondents to the application.

On the 22 April 2008, …

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