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ALHAJI ISIYAKU YAKUBU ENT LTD v. MR ALIYU B. TARFA & ANOR

(2014) JELR 36151 (CA)

Court of Appeal  •  CA/YL/18/2011  •  30 May 2014  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; ADAMU JAURO JCA; BIOBELE ABRAHAM GEORGEWILL JCA;

Judgement

JUMMAI HANNATU SANKEY, J.C.A.: (Delivering the Leading Judgment): This is an Appeal against the Ruling of the Adamawa State High Court of Justice sitting in Yola in Suit No. ADSY/49/2005 delivered on 2nd November, 2010. The Appellant had filed the action against the Defendants, and subsequently sought to discontinue same. In granting the application, the learned trial Judge made a consequential order barring the Appellant from re-instituting the action again.

The facts of the case can briefly be summarized as follows: The Plaintiff, via a Writ of Summons dated 26th August, 2005, commenced an action against the Defendants for trespass. The case was assigned to Nathan Musa, J. of the Adamawa State High Court of Justice. The Appellant filed his Statement of Claim, and upon being served the Writ of Summons and Statement of Claim, the 1st Defendant entered an appearance and, with the leave of Court sought and obtained, filed his Statement of Defence out of time. However, the 2nd to 4th De…

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