BUHARI & ANOR
V.
ADEBAYO & ORS

(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

CORAM

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

appellants

rule

issues

originating process

civil procedure

learned trial judge

kwara state high court

a.o. mohammed

counsel

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…

BUHARI & ANOR V. ADEBAYO & ORS

BUHARI & ANOR
V.
ADEBAYO & ORS