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ZAYYANA
V.
RABIU

(2018) JELR 38910 (CA)

Court of Appeal 4 May 2018 Nigeria
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- The Respondent (Plaintiff) sought termination of a partnership concerning Ihsan International Secondary School, recovery of legal fees, and costs; the Appellant (Defendant) failed to file a Statement of Defence after being served with all

Case Details

Suit Number:CA/K/251/2017
Judges:OBIETONBARA O. DANIEL-KALIO Justice of The Court of Appeal of Nigeria OLUDOTUN ADEBOLA ADEFOPE-OKOJIE Justice of The Court of Appeal of Nigeria AMINA AUDI WAMBAI Justice of The Court of Appeal of Nigeria
Counsel:Lawal Ahmadu For Appellant A. R. Sabiu For Respondent

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Katsina State High Court delivered by Hon. Justice B. I. Wali on the 28th March, 2017.

The facts leading to this appeal are that the Respondent, who was the Plaintiff before the lower Court, by his Writ of Summons and Statement of Claim, sought the following reliefs:

1. An Order terminating the Partnership relationship between the Plaintiff and the Defendant in relation to their jointly established IHSAN INL SECONDRY (sic) SCHOOL.

2. The sum of N100, 000 only being legal fees paid for the prosecution of this suit and;

3. Cost of filing this suit.

The Appellant, the Defendant therein, filed no Statement of Defence. The Court, acceding to the oral application of the Respondent seeking the invocation of its powers under Order 26 Rule 8 of the High Court (Civil Procedure) Rules of Katsina State, entered judgment in favour of the Respondent. Dissatisfied with this decision, t…

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