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ALHAJI AHMADU ABBA & ANOR v. ZIGWAI Z. B. GAIYA

(2016) JELR 41718 (CA)

Court of Appeal  •  CA/K/65/2009  •  18 Mar 2016  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; IBRAHIM SHATA BDLIYA JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA;

Judgement

IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kafanchan Division of the Kaduna State High Court (herein referred to as the lower Court) delivered on the 15th of October, 2008, in suit No. KDH/KAF/23/2005, wherein all the reliefs sought by Zigwai Z. B. Gaiya (the respondent) were granted, and the counter-claim of Alhaji Ahmadu Abba (the 1st appellant) was dismissed. Piqued and peeved by the decision of the lower Court, the appellants appealed to this Court vide Notice and grounds of appeal filed on 17th of October 2008, which was amended and deemed filed on the 24th of September, 2014 pursuant to an order granted on the 14/9/2009.

The facts or events leading to the institution of the suit at the lower Court by the respondent are simple and straightforward as assembled from the pleadings of the parties. The respondent (as plaintiff) commenced the action by writ of summons/statement of claim seeking for declaratory reliefs in…

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