MOJEED ADEKUNLE OWOADE, JCA (Delivering the Leading Judgment): This is an appeal against the Ruling of W. O. Akanbi J. in suit No. HIL/M22/88 delivered at the Ilesha Division of the High Court of Osun State on 5th day of July, 2012.
The appellant as applicant in the court below brought an application dated 17/2/2012 and filed on 20/2/2012 under Sections 6(6)(b) and 36(1) of the 1999 Constitution of the Federal Republic of Nigeria, limitation law of Osun State and Order 42 Rule 10 of the High Court (Civil Procedure) Rules of Osun State 2008.
In essence, the appellant as applicant prayed for an order setting aside Form 48 that was issued in this suit on December 7, 2011 and served on the applicant on the ground of invalidity, incompetence and being an abuse of the process of the court.
The application based on six grounds listed in the motion paper was supported by a nine (9) paragraph affidavit to which was attached as Exhibit A, a document consisting of Enrolment of court order in sui…