AJALA & ORS
V.
ALADEJANA & ANOR

(2018) JELR 39034 (CA)    

Court of Appeal  ·  CA/EK/39/2015 ·  16 May 2018 ·  Nigeria
CORAM
AHMAD OLAREWAJU BELGORE Justice of The Court of Appeal of Nigeria FATIMA OMORO AKINBAMI Justice of The Court of Appeal of Nigeria PAUL OBI ELECHI Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellants
list of witnesses
application
oath
trial
appeal
lower court
respondents
grounds of appeal
extension of time
list of exhibits
counter-claim
notice of appeal
claim
ground
decision
application of the appellants
learned trial judge
record of appeal
trial judge
issues
learned counsel
suit no
appellate court
utmost disregard of the principles of fair hearing
appellants brief of argument
fair hearing
supreme court
witness statements
discontinuance of the case
high court of ekiti state
leave of court
new rules of court
old rules of the high court
para g.
time frame
chief peter amadi nwankwo
claims of the appellants
commencement of an action
contention of the learned counsel
counsel ayodeji makanjuola esan
counsel of the appellants statement of claim
decision of a lower court
determination of this appeal
interlocutory appeal
leading judgment
new rules of the high court
ruling of the high court of ekiti state
statement of relevant facts
statements of witnesses

FATIMA OMORO AKINBAMI, J.C.A. (Delivering the Leading Judgment): This interlocutory appeal is against the Ruling of the High Court of Ekiti State, in the Ido-Ekiti Judicial Division delivered, on the 22nd day of April, 2013 by Hon. Justice Adewale Kayode Fowe.

STATEMENT OF RELEVANT FACTS

The Appellants commenced Suit No: HID/10/2009 in the High Court of Ekiti State, Holden at Ido-Ekiti.

On the 18th day of February, 2013, the Appellants by a motion sought to withdraw their claim in its entirety before the lower Court, which application was granted without objection and the claims of the Appellants as Claimants was struck out.

The Respondents had a Counter-Claim and same was adjourned for hearing on the 14th of March, 2013.

On the 14th day March, 2013 the Appellants brought an application seeking the leave of Court to file witness Statements on Oath, List of Witnesses and List of Exhibits.

The application, which was opposed by the Respondents was dismissed as the Appellant did not provide mat…

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