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DE - JESE NIGERIA LIMITED v. WEMA SECURITIES & FINANCE PLC & ANOR

(2013) JELR 36118 (CA)

Court of Appeal  •  CA/L/878M/07  •  15 Feb 2013  •  Nigeria

Coram
RITA NOSAKHARA PEMU JCA; CHINWE EUGENIA IYIZOBA JCA; FATIMA OMORO AKINBAMI JCA;

Judgement

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Lead Ruling): This is an application by motion on notice brought pursugnt to Order 4 Rule 1, Order 7 Rule 1, 4 and 10 of the Court of Appeal Rules 2007, Section 15 of the Court of Appeal Act and under the inherent jurisdiction of the Court by the interested party praying for leave of the Court to apply to join, extension of time within which to apply for leave to join and an order joining Chief Bartholomew Azuka Umeh as an interested party in this appeal.

The application was brought on the following grounds:

1. The person sought to be joined is the bona fide purchaser in good faith of the property the subject of this appeal from the respondent.

2. As at the time of the purchase of the property by the party sought to be joined there was no pending suit from the appellant or any person on the property.

3. By a ruling delivered on the 6th day of February, 2007 by Hon. Justice Alogba of the Ikeja High Court in suit no. ID/1171/2005 between th…

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