EPE LOCAL GOVERNMENT V. HON. MATTHEW BISOYE KESHINRO HON. BISHI BABATUNDE PRINCE SAMSON ADENIYI ONANUGA HON. JOHNSON OLUWOLE IDOWU ALHAJA FOLASHADE ADENIKE ABIOLA HON. IDOWU BAKARE HON. OLUFEMI KAZEEM HON. KOLAWOLE KAZEEM HON. ONASANYA TAJUDEEN HON. OSHINEYE BABATUNDE HON. AGUNREGE OLUDARE OLUMIDE HON. ADESANYA M UHYDEEN ADENIYI HON. ATOWA JOSHUA ADEGOKE HON. ALADE OLATUNDE ALAUSA HON. ARIGBABU KAZEEM ATTORNEY-GENERAL OF LAGOS STATE

RHODES-VIVOUR JCA (Delivering the Lead Judgment): This is

an appeal from the judgment of Oyewole J. sitting at the Lagos State High A Court, Ikeja Judicial Division, delivered on 7 November 2003 in suit No. ID/ 1394/2003.

The 1st to 15th respondents as plaintiffs, filed a writ of summons on 15 September 2003 against the appellant and the 16th respondent, as defendants.

The 1st to 15th respondents thereafter, by an ex parte motion, sought and got leave of the trial court on 6 October 2003 to place the suit on the undefended list. The return date was fixed for 3 November 2003 by the trial Judge. Both defendants were duly served with all the processes, but only the 1st defendant (the appellant) filed a notice of intention to defend, and a 19 paragraph affidavit titled: “affidavit disclosing a defence on the merit.”

The trial Judge heard arguments from counsel on both sides and in a well considered judgment delivered on 7 November 2003 entered judgment and held in regard to the contents of …