Before Their Lordships
MOHAMMED LAWAL GARBA, Justice of The Court of Appeal
JOSEPH SHAGBAOR IKYEGH, Justice of The Court of Appeal
TIJJANI ABUBAKAR, Justice of The Court of Appeal
Between
HON. ADEKOLA ASHIMIYU Appellant
And
1. ALHAJI OLARENWAJU BOLAJI
2. WOYITU ALAYANDE
3. HANNAH BAKARE ALAYANDE
4. ALHAJI KUDIRAT SHONIRE Respondents
…………………….A…………………….
GARBA, J.C.A. (Delivering the Leading Judgment): The High Court of Lagos State, Ikeja (Lower Court) entered judgement under Order 20 of its Rules of Civil Procedure, 2012 (2002) Rules) on the 26th November, 2013 in Suit No. LD/984/12 in favour of the Appellant, which was executed.
Subsequently, the Respondents; who were not parties to the suit, filed separate applications before the Lower Court and sought similar reliefs of:
1. For an order joining the applicants.
2. For leave extending time within which the Applicant may apply for leave to set aside the execution.
3. An order granting leave to the Applicant to apply to set aside the execution.
4. An order setting aside the execution.
On the 10th February, 2015 the Lower Court granted the reliefs sought by the Respondents and dismissed the Appellant’s suit. Being aggrieved by that decision, the Appellant, vide the Notice of Appeal of 23rd February, 2015 brought this appeal against same on eleven (11) grounds.
…………………….B…………………….
Four (4) issues were distilled from the grounds and submitted to the Court for determination in the Appellant’s brief filed on the 27th May 2019, pursuant to the Order by the Court.
Issues are: –
3.1 WHETHER the lower Court was right in assuming jurisdiction over the two applications the subject matter of this appeal (From Grounds 1, 3 and 6).
3.2 WHETHER the ruling of the lower Court met the standard prescribed by law. (From Grounds 2 and 3).
3.3 WHETHER the ruling of the lower Court was in consonance with the evidence before it (From Grounds 4, 5, 9 and 11).
3.4 WHETHER the lower Court was right in holding that this suit was an abuse of the process of the Court (From Grounds 7, 8 and 10).
