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HON. ADEKOLA ASHIMIYU v. ALHAJI OLARENWAJU BOLAJI & ORS

(2020) JELR 87194 (CA)

Court of Appeal  •  CA/L/226/2015  •  21 Feb 2020  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA JOSEPH SHAGBAOR IKYEGH JCA TIJJANI ABUBAKAR JCA

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): The High Court of Lagos State, Ikeja (Lower Court) entered judgement under Order 20 of its Rules of Civil Procedure, 2012 (2002) Rules) on the 26th November, 2013 in Suit No. LD/984/12 in favour of the Appellant, which was executed.

Subsequently, the Respondents; who were not parties to the suit, filed separate applications before the Lower Court and sought similar reliefs of:

1. For an order joining the applicants.

2. For leave extending time within which the Applicant may apply for leave to set aside the execution.

3. An order granting leave to the Applicant to apply to set aside the execution.

4. An order setting aside the execution.

On the 10th February, 2015 the Lower Court granted the reliefs sought by the Respondents and dismissed the Appellant's suit. Being aggrieved by that decision, the Appellant, vide the Notice of Appeal of 23rd February, 2015 brought this appeal against same on eleven (11) grounds.

Four (4) issues w…

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