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OGUNDAHUNSI & ORS
V.
OLOWOOKERE & ORS

(2013) JELR 39646 (CA)

Court of Appeal 16 Dec 2013 Nigeria
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Suit Number:CA/EK/32/2013
Judges:PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria FATIMA OMORO AKINBAMI Justice of The Court of Appeal of Nigeria
Counsel:Mr. Yakub Dauda For Appellant MR. S. A. Aruleba, withA. O. Akande, Esq.,Miss Bosede Adeobayemi andD. O. Adebiyi - 1st RespondentMr. Olayinka Esan withAbiodun Obawefa, Esq., andKayode Oluwasola - 2nd RespondentMrs. Yetunde Kolawole (SLO MOJ, EKITI STATE) - 3rd Respondent For Respondent

PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment): By a motion dated 27th January, 2011 and filed on the 4th of February, 2011, the 1st Respondent herein sought for an order striking out and/or dismissing the 1st and 2nd Plaintiffs' case on the grounds that same constituted fraud and the court lacked jurisdiction to entertain same. The grounds upon which the application was brought were listed as follows: -

"1. The 1st and 2nd Plaintiffs have no locus standi to bring this suit.

2. The 1st and 2nd Plaintiffs' case as constituted is based on fraud and misinterpretation of facts before this Honourable court.

3. The 1st defendant shall rely on all the processes already filed be (sic, by) the plaintiffs in this suit."

The application was supported by a 12 Paragraphs affidavit deposed to by the 1st Appellant. Attached to the application are minutes of the meeting of the Elders and Chiefs of Araromi Obo which was held on the 29th December, 2010, and a writ of summons in suit No: H…

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