UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): In an action before the High Court of Oyo State in SUIT NO. I/281/2017: ALHAJI LATEEF OKUNOLA and ANOR v. MR. SUNDAY ADEYEMO, the Appellants herein, as Claimants before the lower Court claimed declarations and injunction in respect of land situate at Onipepeye Village, Oke Ogbere near Old Ife Road, Ibadan. Upon being served the Court processes, the Respondent herein, who was the Defendant at the lower Court, entered appearance, filed his Statement of Defence as well as a Motion on Notice for the Court to strike out the Appellant’s case for want of jurisdiction.
The Appellants did not file any counter-affidavit in opposition to the said motion which is dated 8th May, 2017 but filed on 10th May, 2017. In reaction to the said motion the Appellants, by their own Motion on Notice dated and filed on 17th May, 2017, prayed for an order of Court striking out the Respondent’s motion for being incompetent, an abuse of process an…