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PA A. K. Y. BALOGUN PROFESSOR AJIBADE ROKOSU ALHAJI R. A. SALAWE ALHAJI MONSURU ALESHINLOYE V. ALHAJA SHIFAWU ODE NURAINI SANUSI AKA RAUFU ADEKUNLE LAGOS ISLAND LOCAL GOVERNMENT ATTORNEY-GENERALAND COMMISSIONER FOR JUSTICE, LAGOS STATE

(2007) JELR 55572 (SC)

Supreme Court  •  SC. 107/1999  •  9 Feb 2007  •  Nigeria

Coram
ALOYSIUS IYORGYER KATSINA-ALU JSC (Presided) UMARU ATU KALGO JSC ALOMA MARIAM MUKHTAR JSC MAHMUD MOHAMMED JSC IKECHI FRANCIS OGBUAGU JSC (Read the Lead Judgment)

Judgement

OGBUAGU JSC (Delivering the Lead Judgment): This is an appeal against the decision of the Court of Appeal, Lagos Division (hereinaftercalled “the court below”), delivered on 8th July, 1999 allowing the appeal of the 1st set of respondents and settingaside the ruling of Hunponu-Wusu, J. of the High Court of Lagos State, Lagos Division delivered on 17th January, 1997 holding that it has the jurisdiction to entertain the suit brought by the appellants and therefore, struck out the motion on notice brought by the 1st set of respondents asking it to decline jurisdiction to entertain the said suit.

Dissatisfied with the said decision, the appellants have appealed to this court on seven (7) grounds of appeal. The parties filed and exchanged their respective briefs of argument. In the amended brief of the appellants, they have formulated five (5) issues [not seven (7) as stated in the 5th respondent’s brief] for determination, namely: “2.01 Issue No. 1 Whether or not the appellants’ suit b…

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