GOVERNOR OF OGUN STATE, ATTORNEY GENERAL OF OGUN STATE, OGUN STATE PLANNING AND DEVELOPMENT PERMIT AUTHORITY & OGUN STATE COMMISSIONER FOR PHYSICAL PLANNING AND URBAN DEVELOPMENT V. DATKEMS ENTERPRISES LIMITED & YEYE OLUFUNKE DANIEL

EBIOWEI TOBI, J.C.A. (Delivering the Lead Judgment): This appeal challenges the ruling of the High Court of Ogun State, Ijebu-Ode Judicial Division, coram Honourable Justice O. H. Oyajimi, delivered on 30/4/2024, wherein the Learned Trial Judge overruled the Appellants' preliminary objections to the competence of the 1st Respondent’s suit and in further granting the Applicant’s/Claimant’s, who is 1st Respondent’s in this appeal, motion to join Yeye Olufunke Daniel as 2nd Claimant in the suit which was filed on 7/9/2023. The motion of the Claimant/ Applicant is found at pages 57-77 of the record and filed on 22/9/2023. The case was commenced by Originating summons found at pages 2-56 of the record.

The Appellants filed two preliminary objections on the same day which is 26/9/2024 challenging the competence of the suit. One of the preliminary objections found at pages 85-99 of the record of appeal transmitted on 13/5/2024 challenged, firstly, the fact that the 1st Respondent failed to co…