(2005) JELR 45150 (CA)    

Court of Appeal  ·  CA/K/186/2002 ·  9 Mar 2005 ·  Nigeria
MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria BABA ALKALI BA'ABA Justice of The Court of Appeal of Nigeria STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria
Core Terms Beta
primary school
learned trial judge
trial court
interlocutory injunction
oral evidence
serious conflicts
determination of the substantive suit
issue number
kaduna state
quo ante bellum
school fees
support of the application
grounds of appeal
lower court
affidavit of the parties
board of governors of the school
civil procedure
failure of the trial court
favour of the appellant
high court
interlocutory appeal
order of perpetual injunction
proprietor of al-fidrah nursery
subject matter
appeal fails
brief of argument
complete agreement
control of the said school
exercise of discretion
following orders
high court judge
hon. court
name of certificate committee of parent association
order of an interlocutory injunction
paragraph affidavit
present case
primary duty of the trial court
respect of an interlocutory application
role of caretaker committee
ruling of the high court of justice
ruling of the learned trial
state security service
submissions of the learned counsel
zaria judicial division

BABA ALKALI BA'ABA, J.C.A.: This is an interlocutory appeal against the ruling of the High Court of Justice, Kaduna, Kaduna State, delivered on 20/11/2000, by M. L. Mohammed, J, sitting in the Zaria Judicial Division. The appellant herein is the plaintiff at the lower court where he instituted an action against the defendants now respondents, claiming the following reliefs:-

"1. A declaration that the plaintiff is the bona fide owner and proprietor of Al-Fidrah Nursery and Primary School, situated at No.86, Rimin Tsiwa, Zaria city, Kaduna State.

2. A declaration that the plaintiff as the owner and proprietor of Al-Fidrah Nursery and Primary School, is entitled to management and control of the said School, including its funds, staff, public, building and any other property.

3. An order compelling the defendants to render an account of all funds and money collected in the name of Al-Fidrah Nursery and Primary School from January 2000 to date and payment over to the plaintiff.

4. An or…

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