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UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading judgment): This is an appeal against the decision of High Court of Justice, Ekiti State, Ado Judicial Division, delivered by Hon. Justice M. A. Agbelusi on the 18th January, 2010 in Suit No: HAD/43/2009 which gave judgment in favour of the Respondent.
The Respondent herein was the Plaintiff before the lower court and by an originating summons dated 28th April 2009 instituted an action against the Appellants as Defendants on the 4th May, 2009.
The Appellants filed a Notice of Preliminary Objection to the hearing of the suit on 12th June, 2009, on the ground that the issues involved in the originating summons are contentious. The Respondent filed a counter affidavit and after taking arguments from counsel, the learned trial judge in a considered ruling ordered the filing of pleadings.
The Respondent's statement of Claim dated the 26th June, 2009 was filed on the 27th June, 2009 wherein the Respondent prayed for the following reliefs.
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