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HASSAN ABDULRAHMAN & ANOR. v. EMMANUEL OYAMENDAN & ANOR.

(2005) JELR 45288 (CA)

Court of Appeal  •  CA/K/280/2001  •  13 May 2005  •  Nigeria

Coram
MAHMUD MOHAMMED JCA; ABUBAKAR ABDULKADIR JEGA JCA; STANLEY SHENKO ALAGOA JCA;

Judgement

ALAGOA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Hobon J. of the Federal High Court Kano Division, which was delivered on the 30th April, 2001. The facts leading to this appeal as can be gleaned from the printed record and the briefs of the parties are briefly set out hereunder as follows. The present respondents as plaintiffs in the court below took out a writ of civil summons against the appellants, then defendants, on the 4th January, 1999, the particulars of claim of which are reproduced below:

Particulars of Claim

"The plaintiff's claim against the defendants are as follows:

1. A declaration that the 1st defendant's-seizure of the 1st plaintiff's Mercedes Benz car in the purported exercise of the 1st defendant's powers as receiver of the 2nd defendant is illegal, null and an abuse of his power.

2. An order of the court directing the defendants to return the 1st plaintiff's Mercedes Benz 230 series car with registration No. K 4994, which w…

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