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POROYE & ORS
V.
MAKARFI & ORS

(2017) JELR 41595 (SC)

Supreme Court 12 Jul 2017 Nigeria
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Case Details

Suit Number:SC.130/2017
Judges:WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria
Counsel:Chief Akin Olujinmi, SAN with him, Chief A. Akintola (SAN), B. E. I. Nwafor (SAN), A. Olujinmi, O. Oyelami, A. Akinsanya, O. Adetannu, A. Abdulwahab, R. Ebikade, T. Unande, Miss S. Anyaduba, Miss I. Ajani, A. Owolabi, Miss. E. Anaesinba and Miss A. Balogun For Appellant Olabode Olanipekun, Esq with him, Bolarinwa Awujoola, Esq, Aisha Aliyu, Vanessa Onyemauwa, Esq., Adebayo Majekolaogbe, Ugochukwu Nwosu Iheme, Esq. for 1st and 2nd Respondents.Nelson Anih, Esq. for 3rd RespondentHakeem O Afolabi, SAN with him, P.A. Abah, Esq. and O. T. Olujide-Poko Esq. for 4th Respondent. For Respondent

OLUKAYODE ARIWOOLA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Abuja Division, (hereinafter referred to as "the lower Court" or "the Court below), delivered on 23rd November, 2016 wherein the Court allowed the appeal of the 1st and 2nd Respondents against the judgment of the Federal High Court, Abuja, (hereinafter called "the trial Court) delivered on 29th June, 2016.

Dissatisfied with the judgment of the Court below, the appellants who were the 1st to 9th respondents at the Court below appealed to this Court pursuant to the leave of Court granted on 2nd February, 2017 by the Court below. The notice of appeal contained seven (7) Grounds of appeal. However, upon receipt of the records of appeal, two additional grounds 8 and 9 were raised to the earlier notice that was filed on 6th February, 2017.

The gist of this case goes as follows: The appellants, as Plaintiffs had taken out an originating summons at the trial Court. In sup…

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