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EKONG & ORS.
V.
OSIDE & ORS.

(2004) JELR 46893 (CA)

Court of Appeal 13 May 2004 Nigeria
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Case Details

Suit Number:CA/A/89/2000
Judges:IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEMI Justice of The Court of Appeal of Nigeria
Counsel:O. Ajoku, Esq. For Appellant U. W. Durukeke, Esq. For Respondent

MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The following declaratory reliefs were sought by the appellant as plaintiff against the respondent as defendant at the High Court of Justice of the Federal Capital Territory, Abuja (the lower court) -

"1. A declaration that the purported dissolution of the Abuja Branch executive of HAPSSSA vide the 3rd defendant letter, dated 11/10/99 with reference No. HPSA/GS/AS/2885/99 is ultra vires, null and void as it negates the provisions of both the HAPSSSA Constitution and the 1999 Constitution of the Federal Republic of Nigeria;

2. A declaration that the letter signed by the 1st and 2nd defendants dated 7/10/99 with reference No. HPSA/GS/2885/99 freezing HAPSSSA Nicon Hilton Hotel branch Account No. 0350006479-01 is unconstitutional, ultra-vires, null, void and of no effect, same having been written with malice, jealousy and contempt.

3. A declaration that there was no meeting of the National Executive Council, where the resolution for t…

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