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CAPTAIN HAKEEM OLADAPO NIYIOTIKI & ANOR V. ALHAJI MOMOH JIMOH BAHJESON

(2001) JELR 46666 (CA)

Court of Appeal  •  CA/A/62N/2000  •  25 Jan 2001  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; ZAINAB ADAMU BULKACHUWA JCA; ALBERT GBADEBO ODUYEMI JCA;

Judgement

MUNTAKA-COOMMASSIE, J.C.A. (Delivering the Lead Ruling): This is an application on notice pursuant to section 6 (6) (a) and (b); section 243 of the Constitution of the Federal Republic of Nigeria 1999, section 16 of the Court of Appeal Act, 1976, and Order 3 rule 3 (1) and (4) of the Court of Appeal Rules, 1981.

The applicant is seeking for leave to be joined as an appellant in this appeal pending before this court. Learned Counsel for the applicant filed a seven paragraph affidavit, in support of the application and relied on all the paragraphs, especially paragraphs 7 - 6 thereof. Mrs. J. O. Adesina, learned Counsel for the respondent told the court there is nothing objectionable in the application and agreed that the application would be granted.

Mr. O. I. Olorundare Learned Counsel for the 1st respondent, indicated his objection on points of law.

In moving the motion Agoro Esq. contended that they are tenants in possession therefore, they have interest in the matter. He submitted …

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