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MR. S. A. IBRAHIM V. MR. AZEEZ ADEKUNLE

(2011) JELR 55182 (CA)

Court of Appeal  •  CA/IL/35/2010  •  8 Feb 2011  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA (Presided) SOTONYE DENTON-WEST JCA (Read the Lead Judgment) IGNATIUS IGWE AGUBE JCA

Judgement

DENTON-WEST JCA (Delivering the Lead Judgment): Fundamentally, this appeal stems from the ruling of honourable justice Mahmud Abdulgafar of the Kwara State High Court of Justice delivered on 13 January 2010 dismissing the appellant’s application. The appellant, before the lower court, brought a motion ex parte under Order 14, rule 19(1) of the Kwara State (Civil Procedure) Rules, 2001, that the “Iloffa Oba-in-council as represented by Oba Samuel Niyi Dada be joined as a “third party” to this suit. And for such further or other orders as this honourable court might deem fit to make”. And same was dismissed by the lower court. Flowing from the above, the appellantfiled anotice of appeal containing two grounds of appeal. Similarly, the appellant formulated two issues for determination as follows: A Whether the learned trial judge conducted trial of the appellant’s ex parte application for joinder with fairness and in accordance with the law.

Whether the learned trial judge is not wr…

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