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G.T.B. PLC. & ANOR.
V.
FADCO INDUSTRIES LTD.

(2005) JELR 57055 (CA)

Court of Appeal 25 Jul 2005 Nigeria
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Case Details

Suit Number:CA/K/325/2001
Judges:BABA ALKALI BA'ABA JCA ABUBAKAR ABDULKADIR JEGA JCA KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA
Counsel:Mr. Olajide Ayodele SAN (with him, Mr. A. Abuh Esq.) for the Appellants; Mr. Kayode Olatunji for the Respondent.
Other Citations:(2007) 7 NWLR (Pt. 1033) 307

BA'ABA JCA (Delivering the Lead Judgment): This is an interlocutory appeal filed by the appellants who were the defendants in the court below against the decision of Hon. Justice Abdu Aboki of the Kano State High Court, sitting in the Kano Judicial Division delivered on 13th March, 2001 in suit No. K/226/2000, in which the learned trial Judge in his ruling on the issue of jurisdiction raised by the appellants at page 35 of the printed record, held,

“The property situate at Sharada Industrial Estate Phase 1 covered by certificate No. LKN/IND/8615 is not the property of the 1st applicant to the receivership and a close examination of the order of direction granted by the Federal High Court does not direct the 2nd defendant to enter into the said property. I am of the clear view that the entry onto the property of the plaintiff situate at Sharada Industrial Estate Phase 1 covered by certificate of occupancy No. LKN/IND/8615 is trespass and capable of giving rise to a tortuous action. A…

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