WAZIRI & ORS
V.
ABUBAKAR

(2004) JELR 45045 (CA)    

Court of Appeal  ·  CA/A/88/2003 ·  16 Jul 2004 ·  Nigeria
 · 
Other Citations
Waziri v. Abubakar (2005) 1 NWLR (Pt.908)450
Waziri v. Abubakar (2005) 1 NWLR (Pt. 908) 450
CORAM
IBRAHIM TANKO MOHAMMED Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
defendant
plaintiffs
respondent
appellants
evidence
lower court
power of attorney
order
statement of claim
statement of defence
trial court
arewa construction ltd.
chairman of arewa construction ltd.
claim of the appellants
existence of a power of attorney
instance of the etsu nupe
lead judgment
learned trial judge
order of the court
plaintiffs claim
privilege of reading
testimony of the pw1
advice of the late etsu nupe
assets of the deceased father
averment of plaintiff
children of late alhaji a.b. waziri
civil procedure
claim of the plaintiffs
considered judgment
decision of the lower court
etsu nupe
following reliefs
judgment of the lower court
late alhaji a.b. waziri
leading judgment
learned trial court
leave of the court
minna high court no.6 coram mayaki
notice of appeal
notice of preliminary objection
ogun state water corporation
plaintiffs statement of claim
respective briefs of argument
said judgment
said power of attorney
sufficient evidence
support of his case
trial
trial judge

BULKACHUWA, J.C.A. (Delivering the Leading Judgment): The appellants as plaintiffs before the Minna High Court No.6 Coram Mayaki, J. with leave of the court sued the respondent as defendant in a representative capacity for themselves and on behalf of 30 other children of late Alhaji A.B. Waziri claiming the following reliefs:

1. An order on the defendant to give a satisfactory account of the assets of the late Alhaji A.B. Waziri who died on the 3rd of May, 1995.

2. An order that the defendant should disengage from administration of the estate of the said deceased.

3. An order that the defendant should surrender all assets of the said deceased in his possession to the plaintiffs.

The late Alhaji A.B. Waziri held substantive shares in Arewa Construction Ltd. and was its chairman prior to his demise. He also had other assets. On his death, on the advice of the late Etsu Nupe and other elders, the appellants as children of late A.B. Waziri donated a power of attorney to the respondent t…

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