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IJEBU ODE LOCAL GOVERNMENT COUNCIL V. RT. REV. F.O. SEGUN (Head and representative of Segun Family) AGIP NIGERIA PLC. ENGR. ADEMOLA ADEWUNMI (Head and accredited representative of Late Yusuf Adewunmi Shittu Family Estate)

(2004) JELR 55297 (CA)

Court of Appeal  •  CA/I/253/2002  •  10 May 2004  •  Nigeria



IBIYEYE JCA (Delivering the Lead Judgment): This is an appeal against the ruling of Desalu J. of the Ijebu Ode Judicial Division of the Ogun State High Court of Justice delivered on 18th of December, 2000, refusing the appellant/applicant’s application seeking the following relief: “Allowing the intervener/applicant to join this suit as the 3rd defendant.” The application was supported by a five paragraph affidavit It is pertinent to recount what happened in the court below before the application in point was filed. The 1st respondent as the plaintiff took out a writ of summons which was subsequently amended against 1st and 2nd defendants who are now the 2nd and 3rd respondents respectively.

The parties thereafter filed and exchanged pleadings which were later amended. The case went to trial. After evidence had been led on behalf of the plaintiff and the 1st defendant and in the course of adducing evidence on behalf of the 2nd defendant by his fourth witness, Ijebu-Ode Local Governme…

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