HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This appeal emanates from the Ruling of the High Court of Kwara State delivered by His Lordship Mahmud Abdul-Gafar,J on 3rd June 2011 wherein the Appellant's application seeking for the dismissal of the 1st Respondent's action for being incompetent was struck out.
The facts that led to this appeal are that the 4th Defendant at the lower Court Mohammed O.S. Olateju had previously filed an action No. KWS/150/2003 against the Appellant seeking for some declaratory and injunctive reliefs. After the suit was seriously contested before Afolayan, J and at the end of the case, the learned trial Judge made findings on all the issues canvassed before him holding that the Magaji Abudu larger family, to which the 1st Respondent herein belongs, had divested their interest in the land subject matter of this appeal by collecting compensation on the 22nd October, 1993 for and on behalf of the entire larger Magaji Abudu family from the Appella…