Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OLORUNKUNLE & ANOR.
V.
ADIGUN & ORS.

(2012) JELR 49303 (CA)    

Court of Appeal  ·  CA/L/747/09 ·  9 Feb 2012 ·  Nigeria
CORAM
JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
court
appellants
learned trial judge
point of law
rules
issues
17th respondents
learned counsel
trial court
appellate court
civil procedure
exercise of discretion
high court of lagos state
lower court
grounds of appeal
final judgment
limitation law of lagos state
following relief
hon. justice t. ojikutu-oshodi
suit no. ld
trial judge
amended statement of claim
brief facts of the case
canvas argument
civil procedure rules
date of the accrual of the cause
decision of the lagos state high court
issue of limitation law
issue of statute of limitation
issue of the effect of order
lagos state
lagos state government
lagos state government notice no.
lagos state high court
leading judgment
learned trial judge suo motu
leave of the court
lower court ought
own evidence
pleading raise
provisions of the rules
respect of an interlocutory appeal
rule of court
rule of court suo motu
rules of the lagos state high court
ruling of the learned trial judge
substantive case
trial proceedings
trial sequel
view of the stage of the proceedings

JOHN INYANG OKORO, JCA, (Delivering the Leading Judgment): This judgment is in respect of an interlocutory appeal from the decision of the Lagos State High Court in suit No. LD/336/2006 delivered on 30th June, 2009 by Hon. Justice T. Ojikutu-Oshodi wherein the learned trial Judge refused to consider the issues raised in the application of the Applicants but rather directed that the issues be heard and determined together with the substantive case in view of the stage of the proceedings. A brief facts of the case are as stated below.

By a writ of summons dated 3rd March, 2006 and an amended statement of claim dated 7th December, 2007, the 1st to 17th Respondents, as Claimants at the court below, filed the action giving birth to this appeal and sought, among others, the following relief:

"A DECLARATION that the purported compulsory acquisition of the Claimant's land at Addo Town, Eti Osa Local Government by the Lagos State Government as published in the Lagos State Government Notice No.…

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