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MUDASIRU & ORS.
V.
ONYEARU & ORS.

(2013) JELR 35976 (CA)

Court of Appeal 11 Jan 2013 Nigeria
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- This case is an appeal against the decision of the Lagos State High Court in a suit regarding the joinder of the appellants as defendants in the case. - The appellants are the next of kin and beneficiaries of the estate of Air Commodore G

Case Details

Suit Number:CA/L/30/2009
Judges:IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria
Counsel:A. T. Omagbomi Esq. For Appellant Chukwudi Adiukwu Esq., for 1st Respondent2nd - 6th Respondents served hearing notice, but did not appear nor file any Respondent's Brief of Argument. For Respondent

M. A. DANJUMA, JCA (DELIVERING THE LEADING JUDGMENT): This appeal is a straight and clear cut complaint against the decision of the Lagos State High Court in Suit No. REJ/4/2005 delivered on 15th January, 2007, wherein the learned trial Judge thereat, R. I. B. Adebiyi J, dismissed the Applicants/Appellants motion brought under Order 13 Rule 17 of the High Court of Lagos State Civil Procedure Rules and under the inherent jurisdiction of the Court for an order granting leave for the applicants now Appellants to be joined as Defendants in the suit before the Court.

The Application by the Appellants was to enable them participate fully in the proceedings so as to protect or assert their interest which they alleged would be greatly prejudiced by the reliefs being sought by the 1st Respondent against the estate of Gbolahan Adio Mudashiru but through the 2nd - 6th Respondents. The application for joinder dated 28th June, 2008 with its supporting affidavit and exhibits are found on pages 51 -…

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