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CHIEF A. KOLAWOLE V. CHIEF BAMIDELE ADULOJU & ORS

(2018) JELR 42337 (CA)

Court of Appeal  •  CA/EK/21/2015  •  26 Mar 2018  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA; FATIMA OMORO AKINBAMI JCA; PAUL OBI ELECHI JCA;

Appearances
Ezekiel Agunbiade with him,Victor Ojetayo, Emmanuel Felix and Chief Olubunmi Olugbade For Appellant O.Olatawura with him, I.A. Omolade, E.E. Nworie, A.I. Olowofela for 1-6th the Respondents.Afolabi Fashanu (SAN) with him, O.S. Akinduro for 1-12th Respondents For Respondent

Judgement

PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Ekiti State High Court, Ado Ekiti coram Ogunmoye J. delivered on the 2nd day of June, 2014 dismissing the application of the Appellant who sought an order dismissing the claim of the 1st -6th Respondents/claimants at the lower Court on the ground that the action constitutes an abuse of court process.

BRIEF FACTS OF THE CASE

The 1st - 6th Respondents/claimants at the lower Court claim the following reliefs against the Appellant as 1st Defendant and the 7th -12th Respondents thus:

(a) Declaration that the judgment of the 2nd Defendant and the recommendation of the 3rd-7th Defendants respectively declaring the area edged green in the survey plan in favour of the 2nd Defendant was perverse, vitiated by prejudice and bias, null and void and no effect.

(b) Declaration that the claimants, the Edemo Family of Odo-Ado, Ado Ekiti is historically and under native law and custom a land owning family…

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