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GABRIEL OLATAYO ODUKOYA v. OBA MORUFU OJOOLA & ANOR

(2018) LPELR-43678(CA)

In The Court of Appeal of Nigeria

On Thursday, the 15th day of February, 2018

CA/L/1030/2016(R)


Before Their Lordships

JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria

YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria

UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria


Between

GABRIEL OLATAYO ODUKOYA - Appellant(s)

AND

1. OBA MORUFU OJOOLA
(The Oba of Ejigbo, Lagos State)
2. ISIAKA IJAOSAN ANYANWALE
(For themselves and as Representatives of the Totowu Ejigbo and Imakinyo Families Of Ejigbo Claiming Land in Ejigbo in Ijon, Alimosho Local Government Area of Lagos State)

IN RE: APPLICATION FOR JOINDER

1. ALHAJA SAFURAT OLUFUNKE YAKUBU
2. ALHAJI MOMODU KARIMU OWODINA
(Suing as Administratrix of Estate of JAIYEOLA YAKUBU & Administrator of Estate of KARIMU DUROJAIYE OWODINA) - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This is a ruling on an application for leave to appeal as persons interested and extension of time to appeal.


FACTS:
This is an application for leave to appeal as persons interested and extension of time to appeal.

By an application filed on 15th November 2016, the Applicants seek the following orders:
"1. An Order granting leave to the Applicants being persons having an interest and affected by the Judgment delivered by HON. JUSTICE B A OKE-LAWAL (MRS.) on the 15th June, 2016 in SUIT NO. ID/1416/2005 between GABRIEL OLATAYO ODUKOYA VS OBA MORUFU OJOOLA & ANOR to appeal against the said Judgment to the Court of Appeal.
2. An Order for extension of within which the Applicants may appeal against the Judgment of the High Court of Lagos State delivered by HON. JUSTICE B. A OKE-LAWAL (MRS.) on the 15th June, 2016 in SUIT NO. ID/1416/2005 between GABRIEL OLATAYO ODUKOYA VS OBA MORUFU OJOOLA & ANOR
3. Such further order or other orders as this Honourable Court may deem fit to make in the circumstances."

The application is supported by an affidavit of fourteen paragraphs, and a further affidavit of three paragraphs deposed to on 6th June, 2017. The documents relied upon including the judgment of the lower Court and the proposed Notice of Appeal were exhibited to the affidavits. In opposition to the application, the Respondents filed a nineteen paragraph counter affidavit on 30th December 2016. The Appellant did not file any processes in respect of the application.

Consequent upon the order of the Court for written addresses to be filed, the Applicants filed their written address on 20th June, 2017. The Respondents filed their written address on 5th July, 2017 and on 16th August, 2017 the Applicants filed a Reply Submission to the Respondents' written address.

At the hearing of the application, learned counsel for the Applicants and Respondents relied on and adopted the processes they filed and urged the Court to uphold their respective submissions in the determination of the application. The Appellant did not oppose the application.

ISSUES:
The Applicants distilled a sole issue for determination on the application, namely:

 1.Whether in the circumstances of this appeal, the Applicants have shown sufficient interest that the Judgment delivered by HON. JUSTICE B AOKE-LAWAL (MRS.) on 15th June, 2016 in SUIT NO. ID/1416/2005 between GABRIEL OLATAYO ODUKOYA VS OBA MORUFU OJOOLA & ANOR affected their interest/land and the Judgment is likely to be executed on them if they do not join this appeal to appeal against it as persons affected as interested parties.

The Respondents also framed a  sole issue for determination, as follows: 
2.Whether the Applicants have disclosed sufficient legal interest in the suit as a necessary party who ought to be Joined as an interested party in the suit.

The Court determined thee application on the issues formulated by parties.

DECISION/HELD:
In the final analysis, the Court of Appeal in a unanimous decision granted the application. 


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