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ARTO PHARMACEUTICAL
V.
GAMJI BANK (NIG.) PLC

(2013) JELR 57331 (CA)

Court of Appeal 4 Mar 2013 Nigeria
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Case Details

Suit Number:CA/S/158/2009
Judges:AHMAD OLAREWAJU BELGORE JCA (Presided) TUNDE OYEBANJI AWOTOYE JCA (Read the Lead Judgment) JAMES S. ABIRIYI JCA
Counsel:Suleiman Oji, Esq. - for the Appellants. E -*- Ibrahim Abdullahi, Esq. - for the 4th Respondent. -*- Chief Steve U. Nwoke - for the 1st, 2nd, 3rd and 5th Respondents.

AWOTOYE JCA(Delivering the Lead Judgment): This is the judgment in respect of the appeal against the judgment of Hon. Justice D. B. Sambo, delivered on 16 May 2001, where the claims of the plaintiffs/appellants were dismissed. By amended application for writ of summons, the plaintiff claimed as follows:

“(a) A declaration that the purported public auction sale by the 1st defendant of the properties of the plaintiffs situate, lying and being at Sokoto town covered by Certificate of Occupancy numbers 1755: SOK 693: 1931: and SOK 694 (all lying within Sokoto metropolis) conducted on 29 July 1991 respectively is null and void and of no effect.

(b) A declaration that the purported sale by the 1st defendant of the plaintiff properties situate and beingat Rini Tawaye, Tudun Audu Area, and two others at Illela Motor Park Area, Sokoto to the 2nd defendant is null and void and of no effect as same was done not only in contradiction of Auctioneers Laws, Cap. 16, Laws of Northern Nigeria but als…

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