CASE TITLE: ADEKOYA v. ADEGBAYI & ORS (2018) LPELR-46018(CA)
JUDGMENT DATE: 3RD DECEMBER, 2018
PRACTICE AREA: CIVIL PROCEDURE
LEAD JUDGMENT: ABUBAKAR MAHMUD TALBA, J.C.A.
SUMMARY OF JUDGMENT
INTRODUCTION:
This appeal borders on the issue of Locus Standi.
FACTS:
This is an appeal against the Ruling of Hon. Justice Mashud A. A. Abass, Judge of the High Court of Oyo State holden at Ibadan, delivered on the 9th July, 2012. Before the trial Court, the Appellant was sued by the Respondents, wherein they claimed ownership of the abandoned road beside the Appellant’s land. The Appellant filed a preliminary Objection challenging the jurisdiction of the trial Court on the ground that the Respondents lack the locus standi to institute the action. Arguments of counsel in support and in opposition to the preliminary objection were heard. In a considered ruling, the learned trial Judge dismissed the preliminary objection as lacking in merit.
Aggrieved by the ruling, the Appellant appealed to the Court of Appeal.
ISSUES FOR DETERMINATION:
The appeal was determined on the Respondent’s issues viz:
DECISION/HELD:
The Court of Appeal held that “Everything done by the Appellant was premature, hurried and misconceived”. The appeal was therefore unanimously dismissed for lack of merit.
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