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SAMUEL OYEWUNMI OYINLOLA v. DAVID OJELABI & ORS.

(2010) JELR 33077 (CA)

Court of Appeal  •  CA/I/128/2007  •  14 May 2010  •  Nigeria

Coram
STANLEY SHENKO ALAGOA JCA; CHIDI NWAOMA UWA JCA; MODUPE FASANMI JCA;

Judgement

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Justice, Oyo State sitting in Saki Judicial Division which was delivered on the 30th of November, 2006. Dissatisfied with this ruling, the Appellant appealed to this Court and filed a notice of appeal dated 11th December, 2006 but filed on the 13th of December, 2006 containing one ground of appeal.

Respondent on the 20th of March, 2006 before the High Court of Justice Saki, Oyo State filed an application for an order of prohibition, against the 2nd - 4th Respondents from further adjudicating and or determining the suit no. ICC/21/06 between Samuel Oyinlola V. David Ojelabi pending the final determination of the motion on notice.

The grounds of the application are:

(a) Lack of original jurisdiction

(b) Failure to comply with the rule of fair hearing and

(c) Likelihood of bias

The learned trial Judge considered the affidavits in support and the counter affidavit to the …

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