(2005) JELR 45288 (CA)    

Court of Appeal  ·  CA/K/280/2001 ·  13 May 2005 ·  Nigeria
Other Citations
Abdulrahman v. Oyamendan [2005] 16 NWLR (Pt.951) 305
MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria ABUBAKAR ABDULKADIR JEGA Justice of The Court of Appeal of Nigeria STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st plaintiff
1st defendant
2nd defendant
federal high court
statement of claim
preliminary objection
learned trial judge
notice of appeal
purchase of spare parts
1st appellant
receiver of the 2nd defendant
1st respondent
act of the 1st defendant
court of appeal
following cases
mercedes benz car
particulars of claim
preliminary objection fails
present respondents
purported exercise of the 1st defendant
registration no. k
reply brief
series car
want of jurisdiction
2nd defendant tan arewa
alleged acts of the receiver
briefs of the parties
following authorities
issue no.1
leave of court
lower court
matter of fact
order of the court
registered office
said ground
scope of the jurisdiction of this court
seizure of the 1st plaintiff
solitary ground
sum of n2,000,000.00
sum of n3,000.00
sum of n720,000.00

ALAGOA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Hobon J. of the Federal High Court Kano Division, which was delivered on the 30th April, 2001. The facts leading to this appeal as can be gleaned from the printed record and the briefs of the parties are briefly set out hereunder as follows. The present respondents as plaintiffs in the court below took out a writ of civil summons against the appellants, then defendants, on the 4th January, 1999, the particulars of claim of which are reproduced below:

Particulars of Claim

"The plaintiff's claim against the defendants are as follows:

1. A declaration that the 1st defendant's-seizure of the 1st plaintiff's Mercedes Benz car in the purported exercise of the 1st defendant's powers as receiver of the 2nd defendant is illegal, null and an abuse of his power.

2. An order of the court directing the defendants to return the 1st plaintiff's Mercedes Benz 230 series car with registration No. K 4994, which w…

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