ALHAJI OSENI OLANIYI TAILOR & ORS. V. ALHAJI SHITU BALOGUN & ORS.

ITA G. MBABA J.C.A.: (Delivering the Leading Judgment): This is an appeal against an interlocutory decision of the High court of Kwara State, Offa Judicial Division, in Suit No. KWS/OF/18/2010, delivered on 31/5/2011 whereof the learned trial judge, S. M. Akanbi J. dismissed the preliminary objection by the defendants (Appellants herein) and held that the Suit did not constitute an abuse of court process (page 530 of the Record).

The events that led to the Suit and to the application which culminated in the Ruling appealed against, paint a pathetic story of venue shopping to commence Court action, made worse by aggressive, moves to stall the suit.

The 1st and 2nd Respondents, as plaintiffs in the High Court had filed a writ of summons on 2/7/2010, seeking some reliefs relating to chieftaincy matter. Before taking out the writ in the High Court, the 1st Respondent had instituted an action at Upper Area Court, Ilorin, in 2008 (Suit No: UACII/CVF/58M/2008) against the Appellants (especia…