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JAMES ANOSIKE V. AUSTINE MARKUS BOSSAN & MALLAM AHMADU SA'IDU

(2021) JELR 109553 (CA)

Court of Appeal  •  CA/J/82/2017  •  26 May 2021  •  Nigeria

Coram
Adzira Gana Mshelia, JCA Mudashiru Nasiru Oniyangi, JCA Boloukuromo Moses Ugo, JCA

Judgement

BOLOUKUROMO MOSES UGO, J.C.A. (Delivering the Leading Judgment): This appeal is against the grant of 1st Respondent’s counter-claim against appellant by the trial High Court of Plateau State. Appellant was claimant in Suit No. PLD/J51/2010 at the High Court of Plateau State against the two Respondents as defendants. He was also sole defendant to the counter-claim of 1st Respondent who only came midway into the action to substitute his mother Mrs. Hanatu Grace Markus Bossan the original first defendant and counterclaimant when she died while the suit was still pending in that Court. Both claim and counterclaim related to a kerosene truck with registration No. XA 116 RYM which first Respondent and his siblings, and before them their late mother Mrs. Hanatu Grace Markus Bossan, owned, or claimed to have owned, as their inheritance from their late father and husband Markus Bossan.

In his eleven-paragraph statement of claim, Appellant claimed against the two Respondents jointly and severall…

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