AHMED
V.
REGD. TRUSTEES A.K.R.C.C.

(2006) JELR 57637 (CA)    

Court of Appeal  ·  CA/K/77/90 ·  23 Feb 2006 ·  Nigeria
CORAM
BABAALKALI BA’ABA JCA (Presided) ABUBAKAR ABDULAKADIR JEGA JCA (Read the Lead Judgment) KUDIRAT M. OLATOKUNBO KEKERE-EKUN JCA
Core Terms Beta
order of the supreme court of nigeria
owner of sacred heart primary school
emmanuel j. j. toro san
education law cap
learned counsel
2nd appellants
ownership of the land
trustee of the archdiocese of kaduna
decision of the court of appeal
submission of the learned san
ministry of education northern region of nigeria
aforesaid appellants
roman catholic church
provisions of sections
record of appeal
grant of proprietorship
advancedoral submission
respondents
registered trustee of the archdiocese of kaduna
corporation sole
trial court
senior advocate
appellant
high court
kaduna state
state government
buildings of the sacred heart school stand
exclusive right of management
lawful proprietor
5th appellants
competent authority
control of the said school
edict vests
education law of kaduna state cap
end of the testimony of the respondent
grant of the amendment
high court of justice kaduna
laws of northern nigeria
laws of the federal republic ofnigeria
legal effect of the issuance of exhibit
panel of that court
plaintiff’s predecessor
post primary institutions
provisions of order
relevant statutory certificate of occupancy
such further order
t. e. williams esquire
title of the suit
written reply

JEGA JCA (Delivering the Lead Judgment): This appeal is pursuant to the order of the Supreme Court of Nigeria dated Friday, the 31st day of January, 2003. The said order of the Supreme Court of Nigeria states as follows:-

“Upon reading the record of appeal herein and after hearing Emmanuel J. J. Toro SAN, P. Kefas esquire with him of counsel for the appellant and T. E. Williams esquire, Fatima Gambari Mahmud (Mrs.) with him of counsel for the respondents:-

It is ordered:-

That this appeal be allowed.

That the decision of the Court of Appeal delivered on the 30th day of November, 1994 be set aside.

That the case be remitted back to the Court of Appeal

Kaduna to be heard and determined on the merits by another panel of that court; and 4. That ten thousand naira (N10,000.00) costs be awarded to the appellant against the respondents.”

The facts leadingto this appeal can be summarized thus - The respondent herein in his capacity as the sole registered trustee of the Archdiocese of Kaduna of the…

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