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SENATOR MAMMAN ALI V. SENATOR USMAN ALBISHIR & ORS

(2007) JELR 48139 (CA)

Court of Appeal  •  CA/K/164/07  •  13 Jul 2007  •  Nigeria

Coram
AMIRU SANUSI JCA; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; OLUKAYODE ARIWOOLA JCA;

Judgement

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court, Kaduna Division delivered on 19th March 2007 in favour of the 1st and 2nd plaintiffs/respondents granting all the reliefs claimed on their amended originating summons. The appellant herein, who was the 3rd respondent before the trial court was dissatisfied with the decision and filed a notice of appeal dated 20th March 2007 containing four grounds of appeal.

The facts giving rise to this appeal as can be gleaned from the printed record are as follows:

The 1st and 2nd respondents, as plaintiffs at the court below filed an originating summons dated 23rd February 2007 against the 3rd and 4th respondents herein, as defendants. They raised the following questions for determination by the Court:

1. "Whether having regard to the combined effect of the provisions of Sections 36, 177 and 182 of the Constitution of the Federal Republic of Nigeria …

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