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F.I.&P.D.C. (NIG.) LTD
V.
E.A.S. LTD

(2005) JELR 53972 (CA)

Court of Appeal 5 Dec 2005 Nigeria
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Case Details

Suit Number:CA/K/30/2000
Judges:BABA ALKALI BA'ABA JCA (Presided) ABUBAKAR ABDULKADIR JEGA JCA STANLEY SHENKO ALAGOA JCA (Read the Lead Judgment)
Counsel:Abdulrahaman Usman holds the brief of Ahmed Raji - for the Appellant . C -*- Yunus Ustaz Usman (SAN) (with him, Mrs S. O. Omoloba, Asabe Ahmed and M. Etubi) - for the Respondents .

ALAGOA JCA (Delivering the Lead Judgment: This is an appealagainst the judgment of Abdullahi Mustapha J. of the Federal High Court Kano delivered on the 30th day of September, 1998, wherein he dismissed the appellant’s claim.

By a writ of summons dated 23rd February, 1998 and filed same day , the appellant then plaintiff claimed against the respondents, then defendants jointly and severally as per its particulars as follows: Brief particulars of the case “1. A declaration that the plaintiff is the lawful owner ofan aircraft (HS125 403B, G-TACE serial number 25223, which has been changed to HS 125/Reg. 5N-EAS).

Further, or in the alternative to 1 above, a declaration that the aircraft allegedly known and described as HS 125 with registration number 5N-EAS and serial number 15217 currently in the custody of the 3rd defendant is the same plaintiff’s aircraft (RS 125 G-TACE, serial number 25223, which has been changed to HS 125/Reg 5N-EAS) and thatthe plaintiff is the lawful owner there…

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