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CHIEF RASAQ ARIYO ABEGUNDE OJE & ORS v. FEDERAL MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT & ORS

(2018) LPELR-43798(CA)

In The Court of Appeal of Nigeria

On Thursday, the 1st day of March, 2018

CA/L/951/2016


Before Their Lordships

TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria

UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria


Between

1. CHIEF RASAQ ARIYO ABEGUNDE OJE
2. CHIEF RAHEEM BASHIRU ABEGUNDE OJE
3. CHIEF FATAI RAHEEM ABEGUNDE OJE
4. MR. ABIOLA IROKO ABEGUNDE OJE
5. MR. RANTI LASISI
6. MR. JAMES AJOSE
7. MR. KAREEM PHILLIP
8. MR. KASUMU MUMUNI - Appellant(s)

AND

1. FEDERAL MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT
2. FEDERAL LANDS REGISTRY
3. ATTORNEY GENERAL OF THE FEDERATION - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Civil Procedure.
FACTS:
This is an appeal against the decision of the High Court of Lagos State. The Appellants were the Claimants before the High Court of Lagos State in Suit No. BD/4541/2014: CHIEF RASAQ ARIYO ABEGUNDE OJE & ORS v. FEDERAL MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT & ORS. 

The action was commenced by Originating Summons wherein the Appellants prayed for the determination of some questions and claimed some reliefs.

The originating summons was, inter alia, supported by an affidavit and the documents relied upon. The Respondents joined issues with the Appellants by filing their counter affidavit and documents relied upon in defence of the action. 

After hearing, learned counsel argued the case, the High Court held that the facts of the matter were contentious and not suited for the Originating Summons procedure. The High Court consequently converted the Originating Summons to a Writ of Summons and ordered that pleadings should be filed.

The Appellants were dissatisfied with the decision and accordingly appealed to the Court of Appeal.

ISSUES:
The Court determined the appeal on this sole issue:

"whether the lower Court was right when it held that the Appellants action was not suited for the originating summons procedure."

DECISION/HELD:
On the whole, the Court found no merit in the appeal and accordingly dismissed same.


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