Mr. Godfrey Alile & Ors v. Chief Osamede Adun (2025)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUHAMMAD IBRAHIM SIRAJO, JCA (Delivering the lead ruling)

On 03/11/2017, the Edo State High Court of Justice (the lower court) delivered its judgment in suit No. B/141/2011, between:

Mr. Godfrey Alile

Apostle Hayford I. Alile O.F.R

Mr. Friday Alile

Mr. Ewu Eronmwon Alile

(Suing for and on behalf of the Alile Family members excluding the 2nd and 3rd defendants) – Claimants

And

Chief Osamede Adun

Mr. Fagbiye Alile

Mr. Samson Igbinoba Alile – Defendants

Aggrieved with the judgment, the claimants, now applicants filed their notice of appeal on 27/12/2017, within time. The said notice of appeal was struck out for incompetence on 22/11/2021 as the capacity of the appellants before the lower court was altered by counsel on the notice of appeal.

The applicants then filed an application on 26/10/2022 for striking out the name of the 27 applicant and substituting the 2nd and 3rd respondents on account of their demise.

That application was withdrawn and struck out on 14/11/2024. Then on 16/01/2025, the application, subject matter of this ruling, was filed. Therein, the applicants sought for trinity prayers: