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ILORIN WEST LOCAL GOVERNMENT
V.
ORIRE & ORS

(2012) JELR 48577 (CA)

Court of Appeal 4 Jun 2012 Nigeria
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- The case is an interlocutory appeal from the High Court of Kwara State, Ilorin Division, where the trial judge refused an application to join Ilorin West Local Government as an interested party in a land dispute concerning ownership and a

Case Details

Suit Number:CA/IL/56/2011
Judges:TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria OBANDE FESTUS OGBUINYA Justice of The Court of Appeal of Nigeria
Counsel:Abdul Ganiyu Ajia Esg. Holding the Brief of Goke Akande Esq. For Appellant G.A. Atofarati Esq. J.S. Mohammed and S.O. Gbadeyan Esq. for the 3rd-5th Respondents. For Respondent

IGNATIUS IGWE AGUBE, J.C.A (Delivering the Leading Judgment): This interlocutory Appeal emanated from the decision/Ruling of Hon. Justice M. O. Adewara of the High Court of Justice of Kwara State, sitting at Ilorin Division whereof he dismissed the motion for the joinder of the Applicant as an interested party. On the 5th of May, 2011 after the learned trial Judge had considered the Affidavits and Counter-affidavits of the respective parties together with the Written Addresses of Counsel. His Lordship in his well considered reserved Ruling held at page 55 of the Record of proceedings thus:-

"Finally, I have painstakingly reflected on the arguments canvassed before me by counsel on all sides and I do not hesitate to hold that Ilorin West Local Government is not an interested party in this case and also that the Court can completely and effectually determine the suit without joining Ilorin West Local Government as a Defendant. In consequence, I hold that the motion for joinder lacks mer…

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