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ALHAJI UMAR ALIYU TECHNICAL V. FIRST BANK OF NIGERIA PLC & ANOR

(2018) JELR 39008 (CA)

Court of Appeal  •  CA/S/87/2017  •  24 May 2018  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Appearances
HUSSAINI ZAKARIYAU ESQ. For Appellant GARBA M. GANA ESQ., for the 1st Respondent.CHIEF MAGNUS IHEJIRIKA for the 2nd Respondent. For Respondent

Judgement

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This Appeal is brought by the second Plaintiff Alhaji Umar Aliyu Technical against the decision of ABUBAKAR UMAR, J of the Kebbi State High Court in suit No. KB/HC/28/2008 delivered on the 10th day of February 2014. The background facts of this Appeal have it that there were actually two Plaintiffs in the suit before the Court below as shown, by the writ of summons at page one of the record of appeal i.e. U. A. Technical Company Nigeria Limited and Alhaji Umaru Aliyu Technical.

It is important to note that this appeal against the judgment of the Court below had been instituted by only the second Plaintiff, who is the Appellant in this Appeal. What this means is that the First Plaintiff, i.e., U. A. Technical Company Nigeria Limited is satisfied with the decision of the Court below. However, by the endorsement on the writ of summons on page two of the records the two Plaintiffs, the second of whom is the Appellant herein…

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