WAHAB ALAMU SAPO SULE ADEMOLA SAPO (FOR THEMSELVES AND ON BEHALF OF SAPO FAMILY OF IDO-OSUN) V. ALHAJA BINTU SUNMONU (FOR HERSELF AND ON BEHALF OF OTHER MEMBERS OF SUNMONU FAMILY OF OFATEDO)
(2010) JELR 47601 (SC)
Supreme Court
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SC.314/2001
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7 May 2010
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Nigeria
Coram
NIKI TOBI JSC;
ALOMA MARIAM MUKHTAR JSC;
IKECHI FRANCIS OGBUAGU JSC;
CHRISTOPHER MITCHEL CHUKWUMA-ENEH JSC;
JOHN AFOLABI FABIYI JSC;
Judgement
<p>I. F. OGBUAGU, J.S.C.: (Delivering the leading : ): This is an appeal against the : of the Court of Appeal, Ibadan Division (hereinafter called "the court below") delivered on 25th January, 2001 allowing the appeal of the Respondent and setting aside the judgment of the High Court of Osun State sitting at Osogbo Judicial Division (stated in the Appellant's Brief as "decision") per Falade, J. delivered on 16th May, 1995. </p><p> Dissatisfied with the said : , the Appellants have appealed to this Court on eleven (11) grounds of appeal. They formulated four (4) issues for determination, namely,</p><p> "3.01 Whether the death of the only Respondent to the appeal before the lower court on 23/10/1999 and failure to substitute a living person in his place did not deprive the lower court the jurisdiction to entertain the appeal pending before it and thereby render the judgment delivered on 25/1/01 a nullity.</p><p> Ground 1.</p><p> 3.02 Whether the action filed and the appeal prosecuted by the Respond…</p>