Chief Jimoh Yesufu Agbesi Kogbiyele & Anor V. Military Administrative Of Lagos State & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A (Delivering the Lead Ruling)

This Notice in a Motion dated 3rd March, 2010 but filed on the 9th of March, 2010 emanates from Suit No. ID/93/95 at the Ikeja Judicial Division of the High Court of Lagos State. It is a suit initiated by the Appellants in a representative capacity.

The Motion is brought by MR. MUSILIU AKINDELE and MR. WAIDI HARUNA (APPLICANTS/PARTIES seeking to be substituted for the Appellants). The initial deceased Appellants were CHIEF JIMOH YESUFU AGBESI KOGBIYELE and CHIEF MUIBI DAUDA (for themselves and as representatives of Olumeke Chieftaincy Family of Ilashe).

It is brought pursuant to Order 15 Rule 2, Order 6 Rules 1 and 15 and Order 7 Rule 10 (1) of the Court of Appeal Rules 2007 and under the inherent jurisdiction of this Honourable Court.

The Motion is for the following orders

(1) An ORDER substituting Musiliu Akindele (the Applicant) for Chief Jimoh Yesufu Agbesi Kogbiyele (deceased) the 1st Appellant.

(2) An ORDER substituting Waidi Haruna (the Applicant) for Chief Muibi Dauda (deceased) the 2nd Appellant.

(3) An ORDER granting leave of this Honourable Court to amend the Notice of Appeal.

(4) An ORDER deeming the Amended Notice of Appeal already filed and served as duly filed and served.

(5) An ORDER for extension of time to file the Appellants’ Brief of Argument.

And for such further or other Order(s) as this Honourable Court may deem fit to make in the circumstances.

AND TAKE NOTICE that the Grounds for the application is as follows:

1. To substitute new Appellants for the original Appellants who are both deceased.
2. To remove the mistaken insertion of a then pre-existing Appeal number in the Notice of Appeal that was filed by the Applicant.
3. To reflect the proper Status of this Appeal as a fresh Appeal against the final judgment of the lower Court.
4. To extend the time for the filing of the Appellants’ Brief of Argument.

Arguing the Motion on the 20th of January, 2010, learned Counsel for the Appellants/Applicants Ajose O.O. Esq. submits that the Application is supported by a ten (10) paragraphs affidavit and one Exhibit; Exhibit “MAI”. He relies on all the paragraphs as well as the Exhibit. He moves in terms. 0n the 20th of January, 2011, when this application came up for hearing, Adebayo Oyagbola Esq., learned Counsel for the Appellants sought to withdraw the motion filed on the 10th of February 2010, which motion was for leave to amend the Notice of Appeal and a deeming order.

Miss. R. Tanga, for the 2nd Respondent did not oppose and that motion was accordingly struck out having been withdrawn.