Mr. Akin Ire-olapade & Anor V. Agbara Estates Limited (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

STANLEY SHENKO ALAGOA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling of Jibodu J. of the High Court of Justice, Abeokuta in the Abeokuta Judicial Division of Ogun State in Suit No. AB/02/2009 delivered on the 16th October 2009. The Appellants’ Notice of Appeal is contained at pages 253-255 of the Record of Appeal and is reproduced hereunder –

“NOTICE OF APPEAL

TAKE NOTICE that the Claimant/Appellants being dissatisfied with the decision more particularly stated in paragraph 2 herein of the High Court of Ogun State, Holden at Abeokuta comprised in the Ruling of Jibodu J., delivered on the 16th October, 2009 DOTH hereby appeal to the Court of Appeal upon the grounds set out in paragraph 3 and will at the hearing of the appeal seek the reliefs set out in paragraph 4.

AND the Appellants further state that the names and addresses of the persons directly affected by the Appeal are those set out in paragraph 5.

2. PART OF THE DECISION COMPLAINED OF:

The whole decision.

GROUNDS OF APPEAL

GROUND ONE:

The learned trial Judge misdirected himself in law in Proceeding to hear and/or entertain the Claimant/Appellants’ Motion on Notice for Orders, inter alia, of interlocutory injunction and to strike out and/or dismiss the same as he so did on the 16th October, 2009 when the Suit was only scheduled on that date for the delivery of a Ruling on which of the two other pending applications, namely, the Claimants’ Notice for Judgment in Default of appearance and/or defence and the Defendant’s Motion on Notice for extension of time, shall be taken first.

GROUND TWO:

The learned trial Judge erred in law in proceeding to hear and/or entertain the Claimant/Appellants’ Motion on Notice for Orders, inter alia, of interlocutory injunction and to strike out and/or dismiss the same as he so did on the 16th October, 2009 when the said application was not fixed for hearing on that or any other date; and, without giving the Claimants a hearing.

GROUND THREE:

The learned trial Judge erred in law in proceeding to hear and/or entertain the Claimant/Appellants’ Motion on Notice for Orders, inter alia, of interlocutory injunction and to strike out and/or dismiss the same as he so did on the 16th October, 2009 when the said application was yet to be moved by the Claimant/Appellants and the same was yet to be fixed for hearing.

GROUND FOUR: