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(2021) JELR 109426 (CA)

Court of Appeal  •  CA/LAG/CV/350/2021  •  19 Jul 2021  •  Nigeria

Obande Festus Ogbuinya, JCA Obietonbara Owupele Daniel-Kalio, JCA Onyekachi Aja Otisi, JCA


ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This appeal was lodged against the Ruling of the High Court of Lagos State, sitting in Lagos, Coram O. O Ogungbesan, J., delivered on March 16, 2021, wherein the learned trial Judge struck out the Appellant’s suit and proceeded to award punitive costs of N1, 000, 000. 00 against the Appellant.

The facts leading to the appeal can be summarized in this manner: The Appellant took out an Originating Summons on 26/9/2017 against the Respondent seeking the sacking and unseating of all the Respondent’s candidates that emerged in all the 57 Local Government Councils and Local Council Development Areas Election in Lagos State held on 22/7/2017 on account of a subsisting Court Judgment, delivered on 7/7/2017, nullifying and disqualifying all the Respondent’s candidates who later emerged in the said elections. The Respondent’s candidates are still in office for a four-year tenure. The Appellant, by way of the Originating Summons, soug…

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