SOTONYE DENTON-WEST, J.C.A. (Delivering the Leading Judgment): Fundamentally, this Appeal stems from the ruling of Honorable Justice Mahmud Abdulgafar of the Kwara State High Court of Justice delivered on 13th January, 2010 dismissing the appellant's application.
The Appellant, before the lower court brought a motion exparte under Order 1 - 4 Rule 19(1) of the Kwara State Civil Procedure Rules 2001, that the "Iloffo Oba-in-Council as represented by Oba Samuel Niyi Dada be joined as a "Third Party" to this suit. And for such further or other orders as this Honorable court might deem fit to make". And same was dismissed by the lower Court.
Flowing from above, the appellant filed a notice of appeal containing two grounds of appeal. Similarly the appellant formulated two issues for determination as follows:
1. Whether the learned trial Judge conducted the trial of the appellant's exparte application for joinder with fairness and in accordance with the law.
2. Whether the learned trial Ju…