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AKIN OLUGBADE & ORS V. ONIGBONGBO COMMUNITY & ORS

(1974) JELR 48802 (SC)

Supreme Court  •  SC.83/1970  •  21 Jun 1974  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; DAN IBEKWE JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): The applicants, who are the executor and beneficiaries of the estate of the 10th Claimant, Claudius Adebowale Soderu (deceased) in Suit No. HK/11/59 at the Ikeja High Court, brought this motion on notice under section 22 of the Supreme Court Act, 1960, Order VII Rule 29 of the Supreme Court Rules (1972) and Order 20 Rule II of the Supreme Court of England, for an order of this Court

"to correct the error or slip on the face of the CONSENT JUDGMENT signed and delivered by His Lordship, Sir A. Adetokunbo Ademola, the Chief Justice of Nigeria (as he then was) on the 31st day of January 1972, the error or slip being the wrongful joining or misjoinder of the Late Claudius Adebowale Soderu, the 10th Claimant in Suit No. HK/11/59 as one of the 3rd to 31st Claimants represented in the consent judgment by Mr. Ajose-Adeogun, holding Chief F.R.A. Williams' brief, in Appeal Nos. SC/83/1970 and SC/369/1970 and for an order that the 10th Claima…

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