CHIEF JIMOH YESUFU AGBESI KOGBIYELE & ANOR V. MILITARY ADMINISTRATIVE OF LAGOS STATE & ORS

CORAM

PARTIES

1. CHIEF JIMOH YESUFU AGBESI KOGBIYELE2. CHIEF MUIDI DAUDA(For themselves and as representatives of Olumeke Chieftaincy Family of Ilashe)1. MR. MUSILIU AKINDELE2. MR. WAIDI HARUNA – APPLICANTS/PARTIES SEEKINGTO BE SUBSTITUTEDFOR THE APPELLANTS APPELLANTS

1. MILITARY ADMINISTRATIVE OF LAGOS STATE2. FELFAN NIGERIA LIMITED3. REGISTRAR OF LAND/TITLES OF LAGOS STATE

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellants in a representative capacity (for themselves and as representatives of Olumeke Chieftaincy Family of Ilashe) filed a suit at the High Court of Lagos State, Ikeja Judicial Division vide a Motion on Notice. The Motion was brought pursuant to Order 15 Rule 2, Order 6 Rules 1 and 15 and Order 7 Rule 10 (1) of the Court of Appeal Rules 2007 and under the inherent jurisdiction of this Honourable Court by Mr. Musiliu Akindele and Mr. Waidi Haruna, as Applicants/Parties seeking to be substituted for the Appellants as the initial Appellants were now deceased, leave to amend the Notice of Appeal, deeming same as duly filed and served and extension of time to file the Appellants’ Brief of Argument. When this application came up for hearing, Counsel for the Appellants sought to withdraw the motion for leave to amend the Notice of Appeal, the deeming order, the motion for extension of time to file Appellants brief of Argument and abandoned prayer 4. He moves in terms of the motion paper as the Counsel for the 2nd Respondent did not oppose and that motion was accordingly struck out having been withdrawn. Replying, Counsel for the 2nd Respondent submits that the prayers sought should not be granted as the Notice of Appeal sought to be amended is defective and incompetent.

HELD

Appeal Succeeds (in part)

ISSUES

Nil

RATIONES DECIDENDI

JURISDICTION – BASIS UPON WHICH A COURT CAN ASSUME JURISDICTION IN A MATTER

“It is trite that one of the Grounds upon which a Court can assume jurisdiction in any matter is when the proper parties are before it. This Court is a Court of Record. –

CASES CITED

Not Available

STATUTES REFERRED TO

Court of Appeal Rules 2007|

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