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JEGA JCA (Delivering the Lead Judgment): This appeal is pursuant to the order of the Supreme Court of Nigeria dated Friday, the 31st day of January, 2003. The said order of the Supreme Court of Nigeria states as follows:-
“Upon reading the record of appeal herein and after hearing Emmanuel J. J. Toro SAN, P. Kefas esquire with him of counsel for the appellant and T. E. Williams esquire, Fatima Gambari Mahmud (Mrs.) with him of counsel for the respondents:-
1. It is ordered:-
2. That this appeal be allowed.
3. That the decision of the Court of Appeal delivered on the 30th day of November, 1994 be set aside.
4. That the case be remitted back to the Court of Appeal
Kaduna to be heard and determined on the merits by another panel of that court; and 4. That ten thousand naira (N10,000.00) costs be awarded to the appellant against the respondents.”
The facts leading to this appeal can be summarized thus - The respondent herein in his capacity as the sole registered trustee of the Archdiocese of …