ALHAJI ARANSI LADOKE & ORS V. ALHAJI M. OLOBAYO & ANOR

AYOOLA, J.C.A. (Delivering the Lead Ruling): The respondents to this application Alhaji M. Olobayo and Ganiyu Ibrahim suing for themselves and on behalf of 43 other members of Alayabiagba Market Association Boundary, Ajegunle, (the Association) sued the applicants and two others in their personal capacities claiming declarations concerning the memberships of the executive committee of the Association accounts and injunction. The applicants brought an application for leave to defend the action in a representative capacity "for themselves and on behalf of all the members of the Alayabiagba Market save the 43 whom the plaintiffs purport to represent". The application came before the High Court of Lagos State (Adeniji J) and was refused on 24th June 1992. On 6th July 1992, the applicants filed a notice of appeal at the High Court. On their counsel realising that some of the grounds of appeal raised questions of mixed law and fact an application was filed by counsel on behalf of the applic…