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ALHAJI KAWULE ABUBAKAR & ORS V. JOS METROPOLITAN DEVELOPMENT BOARD & ANOR

(1997) JELR 45419 (CA)

Court of Appeal  •  CA/J/80M/97  •  21 Jul 1997  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; DENNIS ONYEJIFE EDOZIE JCA; MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA;

Judgement

EDOZIE, J.C.A. (Delivering the Lead Ruling): By a motion on notice dated 30th May, 1997 filed in the registry of this court on 2nd June, 1997, the applicants prayed for the following orders:

"1. directing the respondents to rebuild and restore to the applicants, the applicants' stalls which were situate at the premises known as Yan Soso at the Laranto Market Jos which stalls were unlawfully destroyed by the respondents pending the determination of the appeal herein;

2. restraining the respondents from interfering with the applicants' right to occupy the said premises pending the determination of the appeal herein AND such further orders as the Honourable Court may deem just."

The motion is supported by a 15 point affidavit and 9 Exhibits. In opposition thereto, the respondents on 11th June 1997 filed a counter-affidavit of 6 paragraphs.

As can be garnered from the affidavit evidence and the accompanying exhibits, the facts of the case giving rise to the application may be summarized…

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