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MR. SHERIFF MEMUDU OLUBODE (FOR HIMSELF AND ON BEHALF OF OTHER CHILDREN OF LATE MEMUDU AKANMU OLUBODE) EXCLUDING MRS. SAKIRAT AKINSOLA (NEE MEMUDU OLUBODE) V. AYOTIDE GLOBAL INVESTMENT LTD MR. ISAAC AKINSOLA AKANNI MRS. SAKIRAT AKINSOLA (NEE MEMUDU OLUBODE) NIYI AKINSOLA ESQ., (OF THE LAW FIRM OF NIYI AKINSOLA & CO.)

(2017) JELR 54041 (CA)

Court of Appeal  •  CA/AK/79/16 HED/16/2014  •  6 Mar 2017  •  Nigeria

Coram
MOHAMMED A. DANJUMA JCA (Presided and Read the Lead Judgment) OBANDE F. OGBUINYA JCA RIDWAN M. ABDULLAHI JCA

Appearances
Omoniyi Johnson Odeyemi Esq. (with him, Oloruntoba Morakinyo Esq.) - for the Appellant. -*- Sunday Atofarati Esq. - for the Respondents. B

Judgement
<p><strong> DANJUMA JCA: (Delivering the Lead Judgment): </strong> This is an appeal against the ruling of the Osun State High Court of Justice sitting at Ede Judicial Division, presided over byHonourable Justice A. O. Oyebi, wherein the appellant/plaintiff’s suit was struck out on the application of the defendant that the plaintiff/appellant lacked the capacity to commence, maintain and prosecute the action as filed.</p><p>The ruling forming the subject of this appeal is short and straightforward; I shall refer to same for ease of appreciation. But before then, what was the originating process like? It is as contained at page 1 of the record of appeal and couched thus: “Suit No.:HED/16/14</p><p>BETWEEN:</p><p>MR. SHERIFF MEMUDU OLUBODE</p><p><em> (for himself and on behalf of other children of late Memudu Akanmu Olude) excluding Mrs. Sakirat Akinsola (Nee </em> <em> Memudu Olude) </em></p><p>AND</p><p>AYOTIDE GLOBAL INVESTMENT LTD</p><p>MR. ISAAC AKINSOLA AKANNI</p><p>MRS. SAKIRAT AKINSOLA (NEE MEMUDU</p><p>OLUBODE ) NIYI AKINSOLA ESQ., <em> (of the law firm of Niyi Akinsola and Co.) </em></p><p>Th…</p>

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