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ALHAJI NAIM ALIYU v. FIDELIS OKOYE & ORS

(2018) JELR 38468 (CA)

Court of Appeal  •  CA/J/270/2010  •  28 May 2018  •  Nigeria

Coram
UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU JCA;

Judgement

UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Plateau State High Court in Suit No. PLD/J432/2004 delivered by Lazarus C. Dakyen, Acting Chief Judge (as he then was).

The 1st Respondent herein (as the Plaintiff at the trial Court) sued the Appellant herein (as the 1st Defendant at the trial Court) and the 2nd and 3rd Respondents herein (as the 2nd and 3rd Defendants at the trial Court) claiming for the reliefs set out at pages 2-7 of record.

In its judgment, the trial Court granted only reliefs A and B sought by the 1st Respondent. The judgment is at pages 195 to 226 of the record. Dissatisfied, the Appellant filed his Notice and Grounds of appeal challenging the said decision. The Notice and Grounds of appeal are at pages 227 to 235 of the record. The initial Appellant subsequently died and was substituted with the leave of Court granted on 16th February, 2017. An amended notice of appeal was consequentially filed with leav…

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