(2002) JELR 44500 (CA)    

Court of Appeal  ·  CA/K/4/02 ·  18 Nov 2002 ·  Nigeria
Other Citations
Isyaku v. Master [2003] 5 NWLR (Pt.814)443
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria DALHATU ADAMU Justice of The Court of Appeal of Nigeria
Core Terms Beta
present case
learned trial judge
trial court
fair hearing
certificate of occupancy
interim order
order of interlocutory injunction
grant of interlocutory injunction
interlocutory orders
writ of summons
motion ex-parte
right of fair hearing
court order
ex-parte motion
hearing of the appeal
interim injunction
interim orders
interlocutory appeal
lower court
said plots
above submission
breach of the principle of natural justice
brief of arguments
brief points
cases of nepa v
circumstances of this case
dates of the writ vis
ex-parte interim order
following orders
following reliefs
grant of the order
hon. court
interim order of injunction
motion ex-parte shows
order of perpetual injunction
own brief of arguments
part of the learned trial judge
record of proceedings
refusal of the learned trial judge
rules of this court
ruling of the high court of justice
ruling of the trial court
said order of the court

ADAMU, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of the High Court of Justice, Kaduna (Abiriyi, J.) dated the 14th of December, 2001 in suit No. KDH/KAD/790/2001. The plaintiffs/respondents (hereinafter called "the respondents") sued the defendants/appellants (also hereinafter called "the appellants") jointly and severally claiming the following reliefs:-

"1. A declaration that Kaduna Rice Millers Association is part and parcel of Kaduna Foodstuff Sellers Association and Rice Mill.

2. A declaration that plots 7 and 8 which was (sic) allocated to Kaduna Rice Millers Association by the Kaduna State Government belongs to Kaduna Foodstuff Sellers Association and Rice Mill.

3. A declaration that the defendants cannot dispose of the said plots without the authority and consent of the members of Kaduna Foodstuff Sellers Association and Rice Mill.

4. An order nullifying the relations and purported sale of the said plots 7 and 8 Hayin Banki, K…

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