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BURAIMOH & ORS
V.
ALEJO

(2012) JELR 34517 (CA)

Court of Appeal 19 Jun 2012 Nigeria
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- Applicants sought to be joined as interested parties and to appeal the judgment of the lower court, claiming the original action was brought without their knowledge or consent and involved land in which they asserted an interest as member

Case Details

Suit Number:CA/AK/5/2010 (R)
Judges:KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria MOORE A. A. ADUMEIN Justice of The Court of Appeal of Nigeria
Counsel:Prince A. A. Ojopagogo with Gideon Okpara, for appellant/respondent.O. S. Adedeko, Esq. for the applicants. For Appellant Biodun Fasakin Esq. with Abayomi Ale, Esq. and Miss Toyin Olowookere for the respondent/respondent. For Respondent

MOORE A. A. ADUMEIN, J.C.A. (Delivering the Lead Ruling): By a motion on notice dated the 23rd day March, 2011 and filed on the same day, the applicants: Alhaji Olatunde Akorede and Alhaji Rahaman Akorede, "for themselves and on behalf of Alhaji Yayi Akorede stock of Obagbuagun Family of Akure" are seeking the following relief, namely:

"1. An order joining the 1st and 2nd applicants as interested parties in the substantive appeal before this Honourable Court

2. An Order allowing the 1st and 2nd applicants to appeal against the judgment of the lower court as interested parties in the substantive appeal before this Honourable Court.

3. An order extending the time within which the 1st and 2nd Applicants may be allowed to file their notice of appeal in this case as interested party out of time.

4. Leave of court for the applicants to raise for the 1st time issue of non-suiting which did not form part of the judgment of the lower (sic) in view of the evidence before the trial court."

The…

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