Customer Support

FAGORUS & ANOR
V.
HIS ROYAL HIGHNESS OBA TIMOTHY OLORUNGBOHUN IBIYINKA

(2011) JELR 46656 (CA)

Court of Appeal 7 Jul 2011 Nigeria
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:CA/AE/28/2010
Judges:UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria CHIDE NWAOMA UWA Justice of The Court of Appeal of Nigeria HARUNA M. TSAMMANI Justice of The Court of Appeal of Nigeria
Counsel:Chief Taiye Omonijo, Esq For Appellant Oluwole Adeyemo, Esq For Respondent

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment): The Appellants herein, vide a Notice of Appeal dated the 24th day of June, 2008 and filed on the 8th day of July, 2008, challenged in this Court the Ruling of Hon. Justice M. A. Agbelusi, of the High Court of Ekiti State, holden at Omuo-Ekiti, delivered on the 12th day of May, 2008 in suit No. HOM/6/2007, wherein the learned trial Judge, while ruling on the Preliminary Objection filed by the Respondents, held inter alia -

The Plaintiffs' case is premature, it is incompetent and therefore struck out and dismissed" (See page 33 of the Record)

The brief facts of the case is that by a Writ of Summons dated the 29th day of June, 2007 and filed on the 5th day of July, 2007, the Plaintiffs (now Appellants) claimed against the Defendants (now Respondents), per the endorsement on the Writ, as follows:

i. A Declaration that the installation of the 2nd Defendant as Chief Alafe of Ilafe Quarters, tkun-Oba Ekiti in the Ekiti East Local…

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.