DAN'ILLELA & ANOR
V.
BAGUDO

(2018) JELR 34441 (CA)

Court of Appeal 24 May 2018 Nigeria
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Case Details

Suit Number:CA/S/59/2017
Judges:HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria MUHAMMED LAWAL SHUAIBU Justice of The Court of Appeal of Nigeria FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria
Counsel:G. A. SHEHU ESQ. For Appellant Respondent was not represented by Counsel and filed no Respondent's Brief of Argument. For Respondent

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This appeal emanates from the decision of the Kebbi State High Court of Justice Birnin Kebbi in Suit No: KB/HC/8/2016 delivered by SABIU BALA SHUA'IBU, J., on the 16th day of January, 2016 where the Court below dismissed the Appellants' Originating Summons, which was filed before it on the 18th day of April, 2016 on grounds that same lacked merit and ought to be dismissed.

By an Originating Summons dated the 18th day of April, 2016 and filed on the same date the Appellants literally set the law in motion against the Respondent claiming the reliefs as contained at Pages 1 - 3 of the Record of this Appeal. The Originating Summons was accompanied by the Appellants four (4) paragraphed affidavit to which they annexed Exhibits 'A' and 'B' in support of the Originating Summons. During the pendency of the Originating Summons and on the same 15th day of April, 2016 the Appellants filed a Motion on Notice for Interlocutory Injun…

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