BARRISTER YUSUF OJO ODELEGAN MAFILA V. ENGR. BABATUNDE JOSEPH BAKINDE & ANOR

HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): The instant appeal is against the Ruling of Justice E. B. Mohammed of the Kwara State High Court sitting in Ilorin and delivered on the 11th of June, 2015. The said decision which can be located at pages 102 to 113 of the records culminated with the decision to wit:

In the final analysis, it is my view that the defense put up by the defendant is a sham not a defense on the merit meant to dribble and frustrate the claimants and cheat them out of judgment they are legitimately entitled to by delay tactics aimed, not at offering any real defense to the action but gaining time within which he may continue to postpone meeting his obligation and indebtedness.

Besides that, there is no serious conflict in the affidavit evidence of the parties herein to call for further investigation or examination of the issue of agency relationship raised as defense by the defendant and the defendants affidavit does not raise any triable issue which…