Customer Support

AWOTE & ANOR.
V.
ODUNSI & ORS.

(2006) JELR 35403 (CA)

Court of Appeal 9 Nov 2006 Nigeria
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:CA/I/49/2004
Judges:AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria ALFRED PEARSON EYEWUMI AWALA Justice of The Court of Appeal of Nigeria JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria
Counsel:Chief (Dr.) A. O. Mamora For Appellant Chief Afolabi Fashanu (SAN) For Respondent
Other Citations:Awote v. Odunsi (2007) 7 NWLR (Pt.1034) pg.625

ALFRED PEARSON EYEWUMI AWALA, J.C.A. (Delivering the Lead Ruling): The applicants here filed this motion praying this court for:

(A) Leave to raise and argue a new point of law in this court which point of law was not previously raised in the lower court viz: "The Ijebu Ode Council of Olorituns, by name and style under which the action was filed is not a juristic person cannot therefore sue or be sued and so there is no proper plaintiff in law."

(B) Leave to amend the original Omnibus ground earlier filed in this case and dated 18/10/02 by adding further grounds thereto as follows:

1. The Ijebu Ode council of Olorituns the name and style under which the action was filed is not a juristic body and so cannot sue or be sued and consequently there is no proper plaintiff in law.

2. The learned trial Judge erred in law by holding that the plaintiffs had a right to prosecute the action despite the fact that they had opted out of Ijebu-Ode Council of Olorituns and had formed a parallel body …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.