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MR. ADEREMI ABIDOGUN v. CHIEF FELIX KOLA OGUNWALE

(2019) JELR 87170 (CA)

Court of Appeal  •  CA/AK/11/2017  •  10 Jul 2019  •  Nigeria

Coram
MOHAMMED AMBI-USI DANJUMA JCA; RIDWAN MAIWADA ABDULLAHI JCA; PATRICIA AJUMA MAHMOUD JCA;

Judgement

PATRICIA AJUMA MAHMOUD, J.C.A. (Delivering the Leading Judgment):This is an interlocutory appeal against the ruling of the Osun State High Court sitting in Ede Judicial Division presided over by Hon. Justice A. O. Oyebiyi and delivered on the 10/06/2016.

The complaint of the appellant is that the writ of summons and all other originating processes in this suit meant for service on them as defendants were initially served on one MR Olusola Adewale on the 19/11/2014. That it was only upon moving a motion filed on the 28/11/2014 challenging the said service that same was set aside. (Pages 29-36 of the printed records refer). The appellant further alleged that the case file was subsequently transferred to the present Court which adjourned it for mention to the 13/01/2015. That as a result of JUSAN strike and annual vacation of the lower Court, this matter did not come up again until the 30/09/2015. That on the said date, the appellant through his counsel withdrew their motion filed on the …

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