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KOGBIYELE & ANOR.
V.
MILITARY ADMINISTRATIVE OF LAGOS STATE & ORS.

(2011) JELR 47091 (CA)

Court of Appeal 15 Apr 2011 Nigeria
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- The motion arose from Suit No. ID/93/95 at the High Court of Lagos State, wherein the original appellants, acting in a representative capacity on behalf of the Olumeke Chieftaincy Family, had died, prompting Musiliu Akindele and Waidi Har

Case Details

Suit Number:CA/L/436/08
Judges:RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria OLUKAYODE ARIWOOLA Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria
Counsel:ADEBAYO OYAGBOLA with him O.M. GIWAH For Appellant R. TANGA (MISS), P. ABAH (MISS) AND U. HERRINGTON (MRS) For Respondent

RITA NOSAKHARE PEMU, J.C.A (Delivering the Lead Ruling): This Notice in a Motion dated 3rd March, 2010 but filed on the 9th of March, 2010 emanates from Suit No. ID/93/95 at the Ikeja Judicial Division of the High Court of Lagos State. It is a suit initiated by the Appellants in a representative capacity.

The Motion is brought by MR. MUSILIU AKINDELE and MR. WAIDI HARUNA (APPLICANTS/PARTIES seeking to be substituted for the Appellants). The initial deceased Appellants were CHIEF JIMOH YESUFU AGBESI KOGBIYELE and CHIEF MUIBI DAUDA (for themselves and as representatives of Olumeke Chieftaincy Family of Ilashe).

It is brought pursuant to Order 15 Rule 2, Order 6 Rules 1 and 15 and Order 7 Rule 10 (1) of the Court of Appeal Rules 2007 and under the inherent jurisdiction of this Honourable Court.

The Motion is for the following orders

(1) An ORDER substituting Musiliu Akindele (the Applicant) for Chief Jimoh Yesufu Agbesi Kogbiyele (deceased) the 1st Appellant.

(2) An ORDER substituting Wa…

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