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MACAULEY & ORS
V.
ATA & ORS

(2013) JELR 35787 (CA)

Court of Appeal 20 Jun 2013 Nigeria
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- Plaintiffs/respondents sought various declaratory and injunctive reliefs regarding the disbursement and allocation of government funds and alleged unlawful eviction by the 1st defendant, commencing the action before the Delta State High C

Case Details

Suit Number:CA/B/298/2005
Judges:HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria
Counsel:S. O. Monye, Esq., Director of Civil Litigation, Ministry of Justice, Delta State (with him: Mrs. R. O. Okonya, Senior State Counsel, Ministry of Justice, Delta State) For Appellant Ekhide Ehighelua, Esq., (with him: S. Alagun, Esq.) For Respondent

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the Delta State High Court of Justice, holden at Warri, dated 9th March, 2005.

The respondents as the plaintiffs had by way of an originating motion filed an action at the court below and sought the following reliefs:

"(i) Declaration that the money released, by the Governor of Delta state, Chief James Ibori via 2nd Defendant, for the payment of war refugees in abandon houses and those who built houses on parcels of land was not judiciously utilized by the 1st Defendant.

(ii) A Declaration that persons allegedly paid by the 1st Defendant are faceless, unknown and not among those to be paid.

(iii) An order directing the 1st Defendant to pay the Plaintiffs as directed by the government of Delta State.

(iv) Declaration that the eviction of the plaintiffs by the 1st Defendant is unlawful."

An affidavit of 22 paragraphs was filed in support of the originating motion; with over L87 affidavits d…

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