Alhaji Asimiyu Ado V. Waheed Fadairo Ado & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OBIETONBARA DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment)

On 27/2/13 a Brief proceedings before the Lower Court culminated in the judgment of that Court. The proceedings under reference read as follows:-

Parties absent

Mr. Aiyeokutan applies for striking out of the entire suit. The Claimant has not been diligent in the prosecution of his case, I also pray for the striking out of the Counter-Claim my own case. We are no longer willing to prosecute it.

Court:- In view of the prayer of Mr. Aiyeokutan before this Court, This suit is hereby dismissed.”

Following the above judgment, the Appellant became aggrieved. He had in his statement of claim claimed inter-alia that he be declared as the proper person to be recognized as the Mogaji/Baale of Ado family of Oke-Ado, Ibadan. Now, his case had been dismissed.

In his Notice of Appeal filed on 3/4/13, he sought to have the judgment set aside on two grounds, namely;

“GROUND ONE

The learned trial judge erred in law when she dismissed the Appellant’s claim when no such prayer was before the Court.

GROUND TWO

The learned trial judge lacked the

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jurisdictional power to dismiss the Appellant’s case No I/642112.”

Both grounds were accompanied with particulars of the errors claimed to have been committed by the learned trial judge.