FASANYA
V.
ADEWOLE

(2015) JELR 54371 (CA)

Court of Appeal 15 Jul 2015 Nigeria
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Suit Number:CA/I/93/2010 HEJ/11/2007
Judges:MOJEED A. OWOADE JCA (Presided) MOHAMMED A. DANJUMA JCA (Read the Lead Judgment) JAMES SHEHU ABIRIYI JCA
Counsel:Akinsumbo S. Akande, Esq. - for the Appellants. -*- The respondent was served hearing notice personally, but was absent.

DANJUMA JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the High Court of Justice of Osun State delivered on the 21 January 2010 by A. O. Ogunlade, J. at the Ejigbo Judicial Division thereof wherein, the learned trialjudge dismissed the objection of the appellant raised by motion on notice that, the trial judge had no jurisdiction as the conditions precedent for the commencement of the suithad notbeen complied with and that the plaintiff had no locus standi to institute the suit.

Brevi Manu and for clarity, the 1st respondent herein had in suit No. HEJ/11/2007 taken out a writ of summons against the appellants herein (then as defendants) for sundry reliefs bordering on Chieftaincy and challenge to the selection /nomination, presentation, installation and recognition of the 1st appellant by the other appellants and injunctive orders. The competence of the suit and reliefs were contested by the appellants who filed a motion seeking for an order setting dow…

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