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ABARY
V.
TALLE & ANOR

(2016) JELR 40961 (CA)

Court of Appeal 29 Apr 2016 Nigeria
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Case Details

Suit Number:CA/J/52/2011
Judges:ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU Justice of The Court of Appeal of Nigeria
Counsel:For Appellant Mrs. C. K. Okoli, Esq. for 1st RespondentS. O. Oyawole, Esq. with him, J. I. Okoro, Esq. and C. Anieto, Esq. for 2nd Respondent For Respondent

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): The appellant was plaintiff in the High Court of Justice of Plateau State holden at Jos. The suit was instituted on 24th November, 2006 against the following persons and authorities: 1. Alhaji Salisu Talle (For himself and on behalf of the family of Alhaji Talle Jibril); 2. Persons unknown; 3. Ministry of Lands, Survey, and Town Planning, Plateau State and 4. Jos North Local Government Council. In the course of the proceedings Alhaji Salihu Talle died on 11th January, 2012 and was substituted by Alhaji Salisu Talle, the 1st respondent in this appeal. Paragraphs 1-13 of the statement of claim pleaded the following facts:

1. The plaintiff is a businessman residing at No.281A Alheri Street, Angwan Alheri in Jos North Local Government Area of Plateau State.

2. The 1st defendant is a businessman of No.29/11 Bauchi Road, Jos and is representative and head of the family of late Alhaji Talle Jibrin.

3. The 2nd defendants are persons real…

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