OBASEKI, J.S.C.(Presiding and Delivering the Leading Judgment): This appeal came up for hearing on Monday, the 29th day of September, 1986 and after hearing Mr. Oluwole Aina, learned counsel for the appellants and giving a careful study to the briefs of argument filed by the parties, I found the appeal totally devoid of merit. I therefore, without calling on Mr. H. A. Lardner, SAN. , the learned counsel for the respondents to reply to the oral submission of learned counsel for the appellants, dismissed the appeal with N300.00 costs to the respondents and reserved my Reasons for the Judgment till today. I now proceed to give the reasons.
The proceedings leading to this appeal were commenced on the 5th day of April, 1976 in the former High Court of Justice of Western State of Nigeria, Abeokuta Judicial Division. Pleadings were ordered on the 17th day of May, 1976 and the case was adjourned to 6th December, 1976 for mention. Before that date, Ogun State was created and carved out of the …