Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2014) JELR 40067 (CA)    

Court of Appeal  ·  CA/IL/106/2013 ·  27 Feb 2014 ·  Nigeria
Other Citations
Buhari v. Adebayo (2014) 10 NWLR (Pt. 1416) 560
HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria UCHECHUKWU ONYEMENAM Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
writ of summons
statement of claim
legal practitioner
originating process
civil procedure
learned trial judge
kwara state high court
a.o. mohammed
trial court
name of femi falana
senior counsel
3rd defendants
femi falana esq
high court of kwara state
legal practitioners
senior advocate of nigeria
suit no. kws
circumstances of this case
civil proceedings
commencement of the suit
firm of a. o. mohammed
2nd defendants
a. o. mohammed san
appellants brief of argument
b. a. onuoha
conclusion of trial
doctrine of supecession of a statement
facts of this case
firm name of a.o. mohammed
honourable court
import of the sign
jurisdiction of the honourable court
jurisdiction of the trial court
lead counsel
leading counsel
leading judgment
notice of appeal
order of the honourable court
order of this honourable court
person unknown
questioned writ of summons
record shows
respect of the statement of claim
writ of summons invalid
yusuf o. ali

ISAIAH OLUFEMI AKEJU, JCA (Delivering the Leading Judgment): The appellants were the claimants in suit No. KWS/165/2005 at the High Court of Kwara State, Ilorin Division. They filed their writ of summons on 28/9/2005 in commencement of the suit while the statement of claim dated 25/10/2005 was filed with the motion filed on 1/11/05 for extension of time and leave to file the statement of claim with other processes. Pleadings were duly filed and exchanged and after the conclusion of trial the learned trial judge adjourned for judgment; but before the delivery of the judgment, the 2nd and 3rd defendants (now respondents) filed a motion on notice on 26/7/13 for the following prayers:

"i. AN ORDER of the Honourable Court granting leave to the 2nd and 3rd Defendants/Applicants to bring the present application which is to challenge the competence of this suit and the jurisdiction of the honourable court to entertain same.

ii AN ORDER of this Honourable court striking out the writ of summons…

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