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AG BENDEL STATE
V.
AGBOFODOH

(1999) JELR 43752 (SC)

Supreme Court 19 Feb 1999 Nigeria
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Case Details

Suit Number:SC.107/1989
Judges:MUHAMMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Counsel:L. U. Unokesan For Appellant N. Amaechina For Respondent
Other Citations:A-G., Bendel State v. Agbofodoh (1999) 2 NWLR (Pt. 592) 476 (1999) 2 S.C 94

M. L. UWAIS, C.J.N. (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal, Benin (Ogundare, J.C.A., as he then was, Musdapher and Ajose-Adeogun. J.J.C.A). The appellant was the defendant in the High Court of former Bendel State, sitting at Benin (Moje Bare. J.) while the respondents, by their predecessors, were the plaintiffs. The writ of summons was taken out on the 8th day of May, 1978. By a motion on notice brought in the High Court by one Kenera Denedo, for himself and on behalf of Ubeji community of Warri Local Government Area, the applicant was joined on the 18th day of October, 1979 as co-defendant to the action. The respondents were unhappy with the order of joinder granted and so they appealed to the Court of Appeal against the joinder, but, from the record before us, nothing seems to have become of the appeal, Later. Kenera Denedo filed another suit (No, W/76/80) on the same dispute in the same, High Court, this time holden at Warri, i…

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