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HON. JUSTICE TITUS ADEWUYI OYEYEMI (RTD) & ORS v. HON. TIMOTHY OWOEYE & ANOR

(2017) JELR 38259 (SC)

Supreme Court  •  SC.102/2013  •  3 Mar 2017  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; MARY UKAEGO PETER-ODILI JSC; KUMAI BAYANG AKA'AHS JSC; EJEMBI EKO JSC; SIDI DAUDA BAGE JSC;

Judgement

SIDI DAUDA BAGE, JSC (Delivering the Leading Judgment): This is an appeal against the Judgment of the Court of Appeal Akure Judicial Division sitting in Akure delivered on 29th November, 2012 in appeal No. CA/AK/31M/2011. The Appellants had in the appeal before the Court of Appeal appealed against the Judgment of the Osun State High Court, Oshogbo Judicial Division sitting in Oshogbo in Suit No. HOS/M.70/2010 delivered by Hon. Justice S.O. Falola on 3rd December, 2010. The Claimant/Respondent in this appeal instituted the action at the High Court against the Defendant/Respondent to this appeal by way of Originating Summons claiming five declaratory reliefs. The Originating Summons, and the reliefs claimed are as follows:

ORIGINATING SUMMONS

"LET THE DEFENDANT within forty two days after the service of this summons on him inclusive of the day of such service cause an appearance to he entered for him to this summons which is issued upon the application of the claimant of Osun State House …

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