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PRINCE JAMES ADELEKE OSAYOMI v. GOVERNMENT OF EKITI STATE & ORS

(2018) JELR 41530 (CA)

Court of Appeal  •  CA/EK/16/2016  •  10 Jan 2018  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA FATIMA OMORO AKINBAMI JCA PAUL OBI ELECHI JCA

Judgement


PAUL OBI ELECHI, J.C.A.(Delivering the Leading Judgment): This is an appeal against the ruling delivered by the Ekiti State High Court, Ado Ekiti Judicial Division, presided over by Hon Justice C.I. Akintayo on 4th of August, 2011. The lower Court upheld the preliminary objection and consequently struck out the suit for want of Jurisdiction on the ground that the Plaintiff Writ of Summons was issued and signed by a Legal Practitioner'' not recognized by or known to law among others. The ruling is on page 170-178 of the Record of Appeal.

The appellant was aggrieved by the decision and appealed to this Honourable Court by virtue of the Notice of Appeal on pages 183 to 186 of the Record.

Background facts of this appeal

The Appellant, Chief Rufus Ajiboye Obaoye and Mr. Johnson Agboola commenced this action by a writ of summons dated 6th day of July, 1993 (page 1-2 of the Record). The writ of summons was filed along with statement of claim as contained on pages 3 to 8 of the Record of Appeal …

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