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MR. SAMSON KAYODE BAMGBOSE & ANOR
V.
MR. ADELEKE SHITTU & ORS

(2022) JELR 112143 (CA)

Court of Appeal 25 Apr 2022 Nigeria
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- This is an interlocutory appeal against the decisions of the Federal High Court in Suit No: FHC/ABJ/CS/540/2021. - The parties in this appeal are having disputes relating to the election of their State Executive Officers. - The 1st respon

Case Details

Suit Number:CA/ABJ/CV/929/2021
Judges:STEPHEN JONAH ADAH JCA E.O. WILLIAMS-DAWODU JCA BIOBELE ABRAHAM GEORGEWILL JCA
Counsel:I.S. Matesun Esq., with: K.I. Yusuf Esq., for the Appellants/Applicants. Charles Ndukwe Esq., for the 1st Respondent. Chief Chris Uche, SAN, with: Abduljalil Musa Esq., for the 2nd Respondent. M. Otairu Esq., for the 3rd Respondent. 4th Respondent - served on 30/03/2022, but not represented.
Location:Abuja

STEPHEN JONAH ADAH, JCA (Delivering The Leading Judgement): This is an interlocutory appeal against the decisions of the Federal High Court in Suit No: FHC/ABJ/CS/540/2021, delivered on 26th and 27th October, 2021, (coram M. Olajuwon, J.)

The parties in this appeal are having series of disputes in relating to the election of their State Executive Officers. Some of them went to court and later settled. Their terms of Settlement was filed in court.

The 1st respondent as plaintiff took out the Writ of Summons of the trial Federal High Court and claimed against the 1st appellant, the 2nd respondent, the 3rd, 4th and 5th respondents as (defendants). The claim is as follows:

  1. A Declaration the terms of settlement field in Suit No: FHC/AB/CS/44/2020 Samson Kayode Bamgbose and Anor., v. Peoples Democratic Party (PDP) and 3 Ors., dated the 25th March, 2021 was obtained by fraudulent misrepresentation and therefore, null and void and of no effect whatsoever.
  2. A Declaration that the consent judgment…

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