SHITTU
V.
NIGERIAN AGRICULTURAL & COOPERATIVE BANK LTD & ORS
·
Shittu v. Nigerian Agric.Coop. Bank Ltd. (2001) 10 NWLR (Pt. 721) 298
OBADINA, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the decision of the Federal High Court, Kano Division delivered on the 6th day of August, 1997. The 1st Respondent as plaintiff before the Federal High Court, Kano Division claimed in its writ of summons as follows:-
A declaration that the action of the defendants in closing and sealing of offices of the plaintiff at Dutse and Hadejia is an unauthorized method of enforcing tax liabilities if any of the plaintiff and therefore illegal, unconstitutional, null and void.
(ii) An injunction restraining the defendants, privies or whosoever acting on their instruction from sealing and closing the offices of the plaintiff in purported enforcing of alleged tax liabilities of the plaintiff to the defendant."
The 1st Respondent as plaintiff also filed along with the writ of summons a motion on notice dated 13th May, 1997 praying for the following orders:-
"(i) An order of mandatory injunction directing…