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JACOB BANKOLE & ORS v. AMODU TIJANI DADA

(2002) JELR 47506 (CA)

Court of Appeal  •  CA/I/3/98  •  9 Jul 2002  •  Nigeria

Coram
MORONKEJI OMOTAYO ONALAJA JCA; DALHATU ADAMU JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA;

Judgement

MORONKEJI OMOTAYO ONALAJA, J.C.A. (Delivering the Leading Judgment): The original plaintiff, ALHAJI BISIRIYU SULE for himself, and on behalf of IKOTUN and MATORI Families of IYESI OTA, died whilst the appeal was pending in this court, and on 26th November, 2001, by leave of court, granted prayer to substitute the deceased with AMODU TIJANI DADA, RASAQ ADEBOWALE OWOLOLA, MOROOF AKANBI OBI and MUBEEN ADEYEMI TALABI for deceased ALHAJI BISIRIYU SULE, as plaintiffs for IKOTUN and MATORI FAMILIES, sued at ILARO High Court III defendants but two of them died during trial, in the High Court and remained Michael Aina for Isidana Family of IYESI, OTA, Ogun State-who also died during the pendency of the appeal in this court. On 21st February, 2002, with leave of court was substituted with JACOB BANKOLE (2) TAOFIK AKINDE and (3) EZEKIEL BANKOLE as defendants/appellants in this court for deceased Michael Aina for himself and Isidana Family of IYESI.

The action was commenced at ILARO High Court, b…

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