YELLOW & ANOR
V.
YUNUS

(2018) JELR 38479 (CA)

Court of Appeal 22 Jun 2018 Nigeria
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Case Details

Suit Number:CA/K/253/2016
Judges:UZO IFEYINWA NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria OBANDE FESTUS OGBUINYA Justice of The Court of Appeal of Nigeria
Counsel:Appellants' Counsel served hearing notice For Appellant Jamilu Ahmed For Respondent

UZO IFEYINWA NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): By a Writ of Summons together with a Statement of Claim dated 20th August, 2015, the Plaintiff now Respondent claimed against the Defendants now Appellants as follows:

1. DECLARATION of this Honourable Court that the Plaintiff herein has been duly and lawfully elected into the office of TREASURER, NIGERIAN FRUITS SELLERS ASSOCIATION, KANO BRANCH sometime in March, 2014 and as such, is entitled to hold and continue to hold the elective position pursuant to the Constitution of the 2nd Defendant; pursuant to the oath of office hence the Plaintiff can lawfully hold the said office until after the expiration of his constitutional tenure.

2. DECLARATION of this Honourable Court that the purported and unconstitutional removal of the Plaintiff from office by the 1st Defendant is illegal, ultra vires, null and void abinitio.

3. DECLARATION of this Honourable Court that the Defendants cannot in anyway and under any guise appoin…

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