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FESTUS KEYAMO V. HOUSE OF ASSEMBLY, LAGOS STATE & ORS.

(2002) JELR 55613 (SC)

Supreme Court  •  SC. 12/2002  •  21 Oct 2002  •  Nigeria

Coram
MICHAEL E. OGUNDARE, JSC (Presided and Read the Lead Judgment) UTHMAN MOHAMMED, JSC ANTHONY IKECHUKWU IGUH, JSC SAMSON ODEMWINGIE UWAIFO, JSC AKINTOLA OLUFEMI EJIWUNMI, JSC EMANUEL OLAYINKA AYOOLA, JSC NIKI TOBI, JSC

Judgement

OGUNDARE, JSC (Delivering the Lead Judgment): This is a frivolous appeal. Appellant approached the Court by way of originating summons in which he alleged a number of facts - 15 in all but adduced no evidence, oral or written to verify these facts. The trial court on that ground, among others, considered his summons incompetent and struck it out. On his appeal to the Court of Appeal, that Court affirmed that decision. We see no reason to depart from the concurring decisions of the two Courts below. Without the verification by affidavit evidence of the facts alleged in the originating summons, the summons was incompetent and was rightly struck out by the trial court. Furthermore, looking at the unverified facts they seem contentious and it is doubtful if the appellant could have come by way of originating summons. This is only an observation and, in the absence of affidavit evidence, I make no decision on that. In conclusion, I dismiss this appeal and affirm the decision of the Court…

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