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SHUAIBU
V.
MUAZU & ORS.

(2006) JELR 46013 (CA)

Court of Appeal 11 Dec 2006 Nigeria
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- The dispute arose over the selection and installation of the 1st defendant as Emir of Kanam, with the plaintiff seeking declaratory and injunctive reliefs claiming irregularities, fraud, and breach of chieftaincy procedure. - After the pl

Case Details

Suit Number:CA/J/2/006
Judges:RABIU DANLAMI MUHAMMAD JCA KUMAI BAYANG AKAAHS JCA MOHAMMED LADAN TSAMIYA JCA
Counsel:B. J. Akomolafe (with him, A. B. Aya and O. S. Sowemimo) For the Appellant. G. S. Pwul (with him, P. H. Kyelek and I. H. Temang) for the 1st Respondent. L. I. Walle, Deputy Director, Civil Litigation, Ministry of Justice, Plateau State for the 2nd - 8th Respondents.
Other Citations:Shuaibu v. Muazu (2007) 7 NWLR (Pt.1033) pg.271

KUMAI BAYANG AKAAHS, J.C.A.: (Delivering the Leading Judgment): The pith of this appeal is centred on whether a restrictive order of injunction can be granted to set aside completed acts and restore the parties to the status quo ante bellum if the defendant sought to be restrained completed the act after having been served with a notice of motion seeking to restrain the act he hurriedly completed before the date fixed on the motion for hearing.

In the writ of summons dated 4/4/2005 but issued on 11/4/2005 the claims of the plaintiff against the defendants jointly and severally are as follows:

1. A declaration that the purported selection of the 1st defendant as the Emir of Kanam. Kanam Local Government Area, Jos, Plateau State upon the selection exercise carried out by the 4 kingmakers of Kanam Emirate and 4th, 5th and 6th defendants on Tuesday, the 29th day of March, 2005 is contrary to the procedure of selection contained in the Chieftaincy Declaration of Kanam Emirate registered in…

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