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H.R.H. OBA JOSHUA OLUTADE, ONIWO OF IWO v. H.R.H. OBA (PROF.) EZRA B. BAMIGBOYE & ORS

(2018) JELR 38339 (CA)

Court of Appeal  •  CA/IL/44/17  •  29 Jun 2018  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; CHIDI NWAOMA UWA JCA; HAMMA AKAWU BARKA JCA;

Judgement

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment of the Kwara State High Court delivered on the 15th December, 2016 by E.B. Mohammed, J, in which the learned trial judge dismissed the preliminary objections of both sets of Defendants and found amongst other things that the decision of the Kwara State Boundary Committee was bereft of and conducted in breach of fair hearing.

The lower Court was invited by the claimants now the 1st 6th Respondents to exercise its powers of judicial review and issue an order of certiorari against the proceedings and decision of the Kwara State Boundary Committee vide an ex parte application for leave filed on 10th May, 2010. The application was heard and granted on the 1st day of June, 2010. The claimants (1st 6th Respondents) filed the substantive application on 10th June, 2010, premised on eight (8) grounds and supported by two sets of affidavits and some documents. The 7th Defendant (now Appellant) and the 1…

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