PA IBRAHIM SULEIMAN OLAIFA (HEAD, MOJI COMPOUND, OMU-ARAN), MR. AYOBA MI AJIBARE, MR EZEKIEL OLAOYE, MR. KAYODE BABATUNDE (FOR THEMSELVES AND THE ENTIRE MEMBERS OF MOJI COMPOUND, OMU-ARAN) V. HIGH CHIEF MUHAMMED OLANIYAN (OLOFIN ARAN OF OMU-ARAN), CHIEF GANIYU POPOOLA (ELEMO ARAN OF OMU-ARAN), AND CHIEF JOSEPH ADEOTI (FOR HIMSELF AND THE ENTIRE MEMBERS OF ADEKUN COMPOUND, OMU-ARAN)

GABRIEL OMONIYI KOLAWOLE, J.C.A. (Delivering the Lead Judgment): This is an appeal against the ruling of the High Court of Kwara State holden at Ilorin dated the 4th day of July, 2024 delivered by His Lordship, Honourable Justice Hammed A. Gegele.

The facts leading to this appeal can be recounted in a brief summary as follows: The Lower Court, in its ruling, upheld the preliminary objection filed by the 3rd Respondent and equally granted the prayer sought in the motion filed by the 2nd Respondent, on the ground that the suit filed by the Appellants constitutes an abuse of Court process. The Lower Court accordingly struck out the suit of the Appellants. The orders granted by the Lower Court as per the 2nd and 3rd Respondents’ motion were:

i. AN ORDER of this Honourable Court dismissing the Claimants/Respondents’ suit dated and filed on the 22nd December, 2023 for being an abuse of Court process and for lack of jurisdiction of this Honourable Court.

ii. AND for such further order(s) as you…