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MAKANJUOLA
V.
I.G.P

(2018) JELR 91591 (CA)

Court of Appeal 21 Dec 2018 Nigeria
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- The appellants filed a case seeking various reliefs related to the sale of their truck by the respondents. - The trial court dismissed the appellants' case, but the appellants appealed. - The appellants argued that the trial court erred i

Case Details

Suit Number:CA/IL/126/17
Judges:CHIDI NWAOMA UWA, J.C.A. (Presided and Read the Leading Judgment) HAMMA AKAWU BARKA, J.C.A. BALKISU BELLO ALIYU, J.C.A.
Counsel:Names of Counsel: O. M. Obaro, Esq. (with him, YetundeAdeoye and A. S. Enyama) - for the Appellants/Cross Respondents A. A. Daib, Esq., Chief State Counsel, Ministry ofJustice, Kwara State (with him, G. T. Oniyo, Esq. SeniorState Counsel and M. A. Z. Usman, State Counsel 1,Ministry of Justice, Kwara State) - for the Respondents/Cross Appellants
Other Citations:[2020] 13 NWLR 271

UWA, J.C.A. (Delivering the Leading Judgment): The Federal High Court in its judgment delivered in suit No: FHC/IL/CS/2/2016 on 10th October, 2017 by N. I. Afolabi, J. dismissed the appellants’ case. The appellants were unhappy with the latter part of the judgment, thus this appeal.

The background facts are that the appellants via their writ of summons filed on 22nd January, 2016 approached the trial court and sought the following reliefs:

A Declaration that the sales of the (DAF) Truck with Registration Number Lagos XS 247 LSR Engine Number H99011 and Chassis Number XLRTE 47WSOE 419577 belonging to the plaintiff, by the defendants are unlawful and illegal.

A Declaration that the auction of the (DAF) Truckwith Registration Number Lagos XS 247 LSR EngineNumber H99011 and Chassis Number XLRTE 47WSOE 419577 by the defendants, without proper notice to the plaintiffs portends, negligence and mala fide.

An Order setting aside the purported sale of the said DAF Truck with Registration Number Lag…

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