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SANYA & ANOR
V.
SAVORO

(2026) JELR 115421 (CA)

Court of Appeal 25 Jun 2026 Nigeria
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- The Appellants sought an order from the High Court of Taraba State to strike out the Respondent’s suit (Suit No. TRSJ/115/2022) for alleged abuse of court process, contending duplicity with their prior suit (Suit No. CV/13/2022) before th

Case Details

Suit Number:Suit No. CA/YL/134/2023
Judges:Frederick Oziakpono Oho, JCA, Olabode Abimbola Adegbehingbe, JCA, Nnamdi Okwy Dimgba, JCA
Counsel:S. G. Udoh Esq., (holding brief for B. J. Enenche Esq.) for Appellant(s) Respondent's counsel served with hearing notice but absent.
Location:Yola

OLABODE ABIMBOLA ADEGBEHINGBE, JCA (DELIVERING THE LEADING JUDGMENT): The Appellants filed a motion on notice before the High Court of Taraba State, sitting in its Jalingo Judicial Division, in suit no. TRSJ/710M/2022, on 12/12/2022. In the motion, the Appellants prayed the lower Court to strike out the Respondent's suit with serial no. TRSJ/115/2022, pending before the lower Court, for being abusive of the process of the Court. (See pages 1-31 of the record of appeal).

The grounds for the motion, stated in the motion in question, are:

"i) That by Exhibit 'A' attached to this application, the Defendants acting on behalf of their family (Kwanzing family) filed a suit of declaration of title before Grade 1 Area Court, Pantisawa in Suit No. CV/13/2022 in respect of a piece of land situate at Dampaja Nyaha, Yorro Local Government Area of Taraba State against Murtala Santi and Mutari whom the plaintiff recognized as her nephews and family members by paragraph 22 of her statement of claim be…

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