CHIEF REX KOLA OLAWOYE V. ENGINEER RAPHAEL JIMOH & ORS

CORAM

PARTIES

CHIEF REX KOLA OLAWOYE APPELLANTS

1. ENGINEER RAPHAEL JIMOH (VICE CHAIRMAN, IFELODUN LOCAL GOVERNMENT COUNCIL OF KWARA STATE.)HON. ALHAJI LATEEF A. QUADRI FASEYI 0. OLUYEMI RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

SUMMARY OF FACTS
The Appellant as Plaintiff at the trial court commended an action against the Defendant/ Respondent and also applied for an interim injunction to restrain the Defendant from interfering and or, hindering the Plaintiff from performing his official duties. The trial Court dismissed the application and appeal was made to the Court of Appeal where some of the appeal was allowed which prompted the Appellant to make further appeal to the apex Court.

HELD

Appeal dismissed

ISSUES

Whether the Court of Appeal was right in holding that the non-joinder of Ifelodun Local Government of Kwara State as a defendant was fatal to the Plaintiff’s case.

RATIONES DECIDENDI

CASES CITED

Amon V Raphael Tuck 26 Sons Limited(1969) 1QB D 357 at 380|Chief Abusi David Green V Chief (Dr) E.T Dublin Green(1987)NWLR(pt.61)481, (1987)LPELR 1338;|Mc Cheane V Gyles Mieg et Compagnie S.A V Bank of England (1950)2 ALL ER 605 at 608|Oyedeji Akanbi (Mogaji) V Fabunmi & Anor in Re Yesufu Faleki(Mogaji)(1986) 2 SC 431 at 449;(1986)1NWLR (Pt.19)759|Ige & Ors V Farmde & Ors(1994) NWLR (pt.354)42;(1994)7-8 SCNJ 284.

STATUTES REFERRED TO

Not Available|

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