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MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering The Leading Judgment): This is an appeal from the judgment of S. A. Sadiq J. of the Akure Division of the High Court of Ondo State delivered in Akure on 29th September, 2005.
By a Writ of summons and statement of claim dated 2/1/1996, the Appellant as Plaintiff claimed against the Respondents (Defendants) jointly and severally as follows:-
(a) A declaration that the entire proceedings including the judgment therein given on 23rd November, 1994 in suit Number AK/93/92 between the first Defendant as plaintiff on the one hand and the second and the third defendants as well as the Plaintiff as Defendants on the other hand are wrongful, illegal, unconstitutional, null, void and of no effects whatsoever as the same are vitiated by fraud, misrepresentation, substantive and procedural irregularity and illegality.
(b) An order setting aside and nullifying the said proceedings and judgment, they being wrongful, illegal, unconstitutional, null, void and…