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ALHAJI LATEEF A. GBADAMOSI & ANOR v. CHIEF ALFRED BIALA & ORS

(2014) JELR 36141 (CA)

Court of Appeal  •  CA/I/83/2011  •  7 Nov 2014  •  Nigeria

Coram
ALI ABUBAKAR BABANDI GUMEL JCA; HARUNA SIMON TSAMMANI JCA; OBIETONBARA DANIEL-KALIO JCA;

Judgement

OBIETONBARA DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): This appeal is over a Ruling of the Lower Court. The dispute in the Lower Court was over a piece of land. The Respondents who were the Plaintiffs in the Lower Court filed a Writ of Summons, a Motion on Notice for an Order of Interlocutory Injunction and a Statement of Claim. However the Appellants who were the Defendants in the Lower Court after entering a conditional appearance in the matter filed an application wherein they prayed:

(1) That the Lower Court lacked jurisdiction to entertain the case as the Writ of Summons dated 17th July 2009, the Motion on Notice for an Order of Interlocutory Injunction dated 17th July 2009 and the Statement of Claim dated 6th October 2009 were all not signed by a legal practitioner; and

(2) That the case before the Lower Court was an abuse of court process.

After hearing the interlocutory application, the learned trial judge in a considered ruling delivered on 4/3/11 dismissed it fo…

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