(2000) JELR 44045 (CA)    

Court of Appeal  ·  CA/I/193/93 ·  24 Jan 2000 ·  Nigeria
Other Citations
Odeleye v. Adepegba (2001) 5 NWLR (Pt.706)330
Odeleye v. Adepegba (2001) 5 NWLR (Pt. 706) 330
MORONKEJI OMOTA YO ONALAJA Justice of The Court of Appeal of Nigeria FRANCIS FEDODE TABAI Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
11th defendant
lower court
necessary party
statement of claim
10th defendants
7th defendants
customary tenants of the plaintiffs
suit no. hoy
9th defendants
order of court
learned counsel
suit hoy
5th-10th respondents
leading judgment
right decision
exercise of his discretionary power
learned judge
plaintiffs claim
possession of the land
question of title
1st-5th defendants
baale ahora ojomgbodu
behalf of other members of ojomgbodu family
breach of the covenants of the defendants
brief paragraph
cases of okafor
chief afolabi ajibade
claims of the plaintiffs
decision of the lower court
fundamental rule of our civil procedure
issue of jurisdiction
issue of the dissimilarity of the interest
issue of the legal effects of the judgment
lower court fall
mr. r.r. ayomide
order of injunction
outcome of a court action
paragraphs of the statement of claim
respective area of land
respondents unwillingness
ruling of the high court of justice oyo state
various issues

ADEKEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Justice Oyo State, in the Oyo Judicial Division-Coram Justice T.A.A. Ayorinde in an application for joinder delivered on the 15th of July,1991.

In the writ of summons issued out in the Oyo Judicial Division of the High Court of Oyo State on the 5th of February, 1991. The action in suit No. HOY/11/91 was commenced by Chief Afolabi Ajibade (Baale Ahora Ojomgbodu); David Ajibade Adeniyi; Samuel Oladejo Adeyemo and Olaniyi Adeoye for themselves and on behalf of other members of Ojomgbodu family as plaintiffs, and Chief (Dr.) A. O. Odeleye, Sangomakinde Akanni; Alhaji Lasisi Adejumo; Lajire Oke; Yekini Oyemakin, Iyiola Oyebanji; Madam Ayannihun Ayansola; Chief Inaolaji Aiyelagbe; Tafa Adebayo; and Aborade Alonge as defendants.

A claim of four reliefs was originally endorsed on this writ of summons on 8/2/91. By order of court on 5/3/91, the writ and statement of claim were amended w…

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