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ABUBAKAR
V.
F.M.B. LTD.

(2001) JELR 77352 (CA)

Court of Appeal 29 Nov 2001 Nigeria
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- This is an appeal against the decision of the Kano State High Court striking out the plaintiff's claim on grounds of res judicata. - The plaintiff filed a brief of argument identifying one issue for determination: whether this is a proper

Case Details

Judges:ISA AYO SALAMI, J.C.A. (Presided and Read the Leading Judgment), RABIU DANLAMI MUHAMMAD, J.C.A., MAHMUD MOHAMMED, J.C.A.
Counsel:Murtala Musa, Esq. -for the Appellant Respondents absent and unrepresented
Other Citations:(2002) 4 NWLR (Pt. 756) 29

SALAMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Kano State High Court of Justice, sitting in Kano, in suit No. K/358/98, striking out the plaintiff's claim on grounds of res judicata. The plaintiff, being dissatisfied with the decision, has appealed to this court on 2 grounds of appeal.

The notice of appeal containing the grounds of appeal neither bears evidence of the date of filing nor of payment of filing fees. This was not an issue at the hearing of the appeal. I therefore, refrain from further expatiating on the matter.

The plaintiff filed a brief of argument in which he identified only 1 issue as calling for determination. The sole issue is not related to any of the grounds of appeal. The said issue reads as follows:

"Whether this is a proper case for the application of the rule of res judicata."

The defendants failed to file their respective briefs of argument.

At the hearing of the appeal the defendants, who are hereinafter referred t…

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