KUDIRAT MOTONMORI O. KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment): This is an appeal against a ruling delivered by the Oyo State High Court, Ibadan Judicial Division (hereinafter referred to as the lower court) on 13/11/03 wherein the preliminary objection filed by the applicants (appellants in this appeal) was overruled.
Being dissatisfied with the ruling the appellants filed a notice of appeal dated 13/2/04 containing two grounds of appeal. The parties duly filed and exchanged their respective briefs of argument in compliance with the rules of this court. At the hearing of the appeal on 20/10/2010, Mrs. E.O. Etomi leading E.O. Maduagwuna for the appellants adopted and relied on the Amended Appellant's brief dated 2/5/08 and filed on 6/5/08. It was deemed filed on 17/9/08. She relied on an additional authority - Nigerian Journal of Legislation, Jan-March 2004 Vol. 1 No. 1 filed on 3/3/09. She also made some oral submissions in further elucidation of her brief. She urged the …