Chief Gabriel Oparanti & Ors V. Alhaji Nasiru Oyeniyi & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment)

This judgment is in respect of interlocutory decision of the High Court of Osun State delivered on 28/1/2011 and 18-2-2011 respectively in suit no. HOS/7/2010, per Aderibigbe, J. pursuant to an amended notice of appeal filed on 3/02/16. Following the leave of this Court granted on 20-1-2016, the appellants herein filed their amended appellants? briefs of argument dated 3-2-2016 on the 12-2-2016 in respect of their two appeals.

In consequence of the aforesaid and in response, the 1st and the 2nd respondents filed their joint 1st and 2nd respondents’ brief of argument, whilst the 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th and 11th respondents did not file any brief of argument in opposition to the appeals.

The appeals emanating from the same proceedings and not having been consolidated, I shall proceed to determine each of them on their respective briefs of arguments as filed and oral submissions on points of law where made and as allowed in law. Starting with the first appeal.

APPEAL NO CA/AK/57/2011.

?To capture the essence of this appeal, I think it

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appropriate to set out the amended notice of appeal and the particulars thereof. They are as follows:-

AMENDED GROUNDS OF APPEAL.

?Take notice that the 1st to 7th appellants dissatisfied with the decision of the High Court of Justice of Osun State, Oshogbo Judicial Division, Osogbo contained in the ruling of Honourable Justice A. A Aderibigbe dated 28th January, 2011 both hereby appeal to the Court of appeal, Akure upon the amended grounds set out in paragraph 3 and will at the hearing of the appeal seek the amended reliefs set out in paragraph 4.

Take notice of further notice that the names and addresses of the persons directly affected by the appeal are those set out in paragraph 5.

2. PART OF DECISION APPEALED AGAINST- THE WHOLE DECISION
3. AMENDED GROUNDS OF APPEAL
4. The learned trial Judge erred in law and he failed to exercise his discretion judicially and judiciously by his refusal to hear and give any date for the hearing of the 10th to 17th defendants’ motion on notice dated 20th but filed on 21st January 2011 to set down for hearing and hear the preliminary issues/points of law which were validly pleaded and raised on issues relating to the plaintiffs’ locus standi to institute

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the case, juristic personality, limitation period, re judicata, competency of the case and the jurisdiction of the lower Court to entertain the case before he proceeded to hear and grant the plaintiffs’ application dated and filed on 17/9/2010 seeking to set aside the nomination, selection, approval and issuance of instrument of appointment and presentation staff of office to Oba Olanipekun as the Ataoja of Osogbo thereby occasioning miscarriage of justice.

PARTICULARS OF ERRORS