JOHN INYANG OKORO, JSC (Delivering The Leading Judgement): This is an appeal against the Judgment of the Court of Appeal, llorin Judicial Division, delivered on the 8th day of March, 2010, which dismissed the appellant's appeal and affirmed the Judgment of the High Court of Kwara State, deliver d on the 2nd day of June, 2008, which upheld the Preliminary Objection raised by the respondents against the Originating Summons filed by the appellant.
The appellant herein commenced an action before the High Court of Kwara State on the 23rd day of May, 2005, by way of Originating Summons, in a representative capacity. The said Originating Summons was supported by a 24 paragraph affidavit, Exhibits and Written Address, which are contained at pages 55-102 of the Record of Appeal. In the Originating Summons filed, the appellant posed three questions for the determination of the trial court, and five reliefs were predicated thereof.
In a nutshell, the case of the appellant was that the first and …