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NIGERIA AIRWAYS LTD. (INLIQUIDATION) & ORS.
V.
MAHDI

(2013) JELR 35758 (CA)

Court of Appeal 19 Apr 2013 Nigeria
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Case Details

Suit Number:CA/K/34/2008
Judges:ABDU ABOKI Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria HABEEB ADEWALE ABIRU Justice of The Court of Appeal of Nigeria
Counsel:Mustapha Bulama For Appellant Respondent absent and unrepresented For Respondent

ABDU ABOKI, J.C.A. (Delivering the leading Judgment): This appeal is against the ruling of the Federal High Court of Justice, Kano, delivered on 6th day of June, 2007 by Adeniyi F. A. Ademola J.

The summary of the facts that gave rise to this appeal was that the appellants filed an Originating Motion before the lower Court in which they sought for an order directing the defendant (hereinafter called the Respondent) to deliver possession of the premises situate at No.6 Lafiya Road, Kano and to give an inventory of all the property belonging to the 1st appellant that were under his control and custody to the 2nd and 4th Appellants.

The Respondent filed a preliminary objection challenging the jurisdiction of the lower Court to entertain the said Originating Motion. Consequently, the lower Court upheld the said preliminary objection and accordingly struck out the application. The lower Court equally ordered that Appellants' action be transferred to the High Court of Justice, Kano State.

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