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RAJI ORIARE V. GOVERNMENT OF WESTERN NIGERIA & ORS.

(1971) JELR 48060 (SC)

Supreme Court  •  SC.275/1969  •  15 Apr 1971  •  Nigeria

Coram
ADEMOLA ADETOKUNBO CJN IAN LEWIS JSC CHARLES OLUSOJI MADARIKAN JSC

Judgement

ADEMOLA, C.J.N. (Delivering the Judgment of the Court): This appeal arises out of a claim for declaration of title to land brought by the plaintiff/appellant against the government of Western Nigeria and two others and in which latter two interveners sought to be joined as co-defendants. The learned judge of the High Court of the Western State who heard the application, granted the application and joined the interveners as 4th and 5th defendants respectively. The plaintiff appealed to the Western State Court of Appeal which dismissed his appeal. He has now appealed to this court.

Undoubtedly, the matter of joinder of parties is of great procedural importance, and the first question which comes to our mind is to examine the rules of court in this matter and thus be guided by the rules. Before doing so, however, it appears necessary to state something about the facts. The plaintiff claimed declaration of title to 601 acres of land in Ibadan which he stated the government of Nigeria acqu…

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