CORAM

SALISU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT

PARTIES

1.OBA JOSEPH ADEYEMI AJAYI (THE OBA OF OLA)2.HIS HIGHNESS OBA ALEBIOSU [The Olupo of Ajase-Ipo, Chairman, Ifelodun/Irepodun Traditional Council]3.THE IFELODUN/IREPODUN TRADITIONAL COUNCIL APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The 2nd and 3rd defendants appointed the 1st defendant as member of the traditional counsel contrary to the approval given by the Governor for the appointment of the plaintiff. Judgment was given in favour of the plaintiff by the 2 lower courts.

HELD

The court dismissed the defendants’ appeal.

ISSUES

1. Whether or not the Plaintiff (now Respondent) has locus standi to institute this action.2. Whether or not the lower Court was right in holding that in spite of the failure of the Respondent to specifically ask or pray for any relief in his statement of claim as enjoined by Order 25 Rule 12(3) of the Kwara State (Civil Procedure) Rules 1989 coupled with the fact that his simple claim in his oral testimony is not supported by his ‘pleadings’, the trial High Court was vested with jurisdiction to adjudicate on the Plaintiff’s case.3. Whether or not the Plaintiff’s claim was properly constituted notwithstanding the non-joinder of the Government/Governor of Kwara State or any accredited representative of Government4. Whether or not the Plaintiff/Respondent must comply with the condition precedent of down payment of N10,000.00 to confer jurisdiction on the trial Court.5. Whether the necessary party against whom the Plaintiff/Respondent could maintain his cause of action is a party in this suit? And if the answer to this poser is in the negative, whether the suit is properly constituted.

RATIONES DECIDENDI

JOINDER OF PARTIES

It is improper to join as co-defendants persons against whom the plaintiff has no cause of action and against whom he has made no claim and whose interest is adverse to that of the defendants – Ogwuegbu J.S.C

CASES CITED

1. Keshinro v. Bakare (1967) ANLR 2992. Aromire & Ors. v. Awoyemi(1972)1 All NLR (Pt.1)101,3. Uku & Ors. v. Okumagba & Ors. (1974)3 SC. 35;4. Peenok Investment Ltd. v. Hotel Presidential Ltd.(1982)12 SC.275. Green v. Green (1987)3 NWLR (Pt.61) 60

STATUTES REFERRED TO

NONE

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