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KADIRI OKANOLA V. CHIEF JONATHAN ABIOYE & ORS.

(2011) JELR 49103 (CA)

Court of Appeal  •  CA/I/133/2000  •  28 Nov 2011  •  Nigeria

Coram
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; CHINWE EUGENIA IYIZOBIA JCA; MOORE A.A. ADUMIEN JCA;

Judgement

CHINWE EUGENIA IYIZOBA J.C.A. (Delivering the Lead Ruling) This ruling is in respect of an application dated 16th November, 2009 and filed on the same date praying for an order of this court deleting the names of 2nd, 4th and 7th respondents now deceased as respondents in this appeal; and for leave of the court permitting Anthony Akintunde Oyediran to join as a respondent in the appeal. The grounds for the application are set out in the motion paper. The application is supported by a 6 paragraph affidavit with one annexure, exhibit A; letter dated 7/9/09 to the Chief Registrar Court of appeal Ibadan notifying him of the death on various dates of the 2nd, 4th and 7th respondents.

In opposition to the application for joinder the 1st respondent filed, a 21 paragraph counter affidavit deposed to by one Adegoke Ogunsola a legal practitioner in the law firm of Olatoye Aminu and Co, the 1st respondent's counsel. There are five exhibits annexed to the counter affidavit. The appellant as respo…

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