SULE ABUTU V. BENSON EBUNE IN RE: APPLICATION OF HAJARA SULE FOR SUBSTITUTION

MUNTAKA-COOMASSIE, JCA(Delivering the Lead Ruling): In suit No. AYHC/12/92, Benson Ebune filed a suit before Hon. Justice S. T. Hussaini of the High Court of Justice, Ayangba, Kogi State. The claim before that court was that of a customary and statutory right of occupancyover a plot of land along Dekina Road, Ayangba, and injunction restraining the defendant, Sule Abutu from any further trespass. Plaintiff won the action and the defendant lodged an appeal to this court against the judgment of the trial court delivered on 30/11/94. The appellant is now deceased. There was need for substitution, hence, the motion dated 18/12/2000 and filed on the same date. The application was brought under section 243, of the 1999 Constitution of the Federal Republic of Nigeria, seeking for the following three reliefs:- “(1) Leave to be made a party in suit No. AYHC/12/92 by substituting HAJARA SULE for the plaintiff/appellant who died on the 18th day of April, 1991.

Order enlarging time within which …