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IREPODUN/IFELODUN LOCAL GOVERNMENT V. CHIEF SIMON OGUNDAHUNSI BALEMO GABRIEL OLAIFA FATOKE (For themselves and on behalf of Araromi-Obo Community) ADO LOCAL GOVERNMENT ROWLAND OJO OLOWOKERE ATTORNEY-GENERAL OF EKITI STATE IN THE APPLICATION OF: ADENIKE OGUNDAHUNSI EBENEZER OJO

(2007) JELR 57504 (CA)

Court of Appeal  •  CA/IL/M.47/2004  •  24 Jan 2007  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA (Presided) JUMMAI HANNATU SANKEY JCA IGNATIUS IGWE AGUBE JCA (Read the Lead Ruling)

Judgement

AGUBE JCA (Delivering the Lead Ruling): This application is brought pursuant to the rules and the inherent jurisdiction of this honourable court and prays for the following orders:- “1. Leave of the honourable court substituting the applicants for the 1st and 2nd plaintiffs/respondents in this appeal.

Substituting the applicants for the 1st and 2nd plaintiffs/ A respondents in this appeal. And for such further order or other orders as the honourable court may deem fit to make.

The application is dated 16th day of June, 2006 but filed on the 30th of July, 2006.

In support of the application, the 1st applicant deposed to an affidavit of 12paragraphs. Onlycounsel for the 4th respondent indicated his intention to oppose the application and accordingly, a counter-affidavit of twelve paragraphs was also sworn to by the 4th defendant/respondent.

The grounds of the application are as follows:-

The 1st and 2nd plaintiffs were the joint plaintiffs in this case.

The plaintiff died sometime in the ye…

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