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MR. EFIOK ARCHIBONG v. ITA NKAN

(2010) JELR 33709 (CA)

Court of Appeal  •  CA/C/211/2009  •  28 Jun 2010  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; JAAFARU MIKAILU JCA; NWALE S. NGWUTA JCA;

Judgement

KUMAI BAYANG AKAAHS, JCA (Delivering the Leading Judgment): This appeal is rather unique and quite novel in the application of prerogative orders. It concerns the propriety or otherwise of granting an order of mandamus compelling the appellant to collect ₦1.3 million and return a gas storage tank to the Respondent.

The applicant who is now the Respondent to this appeal obtained leave in Suit No. HU/MISC 239/09 in the Akwa Ibom State High Court, Uyo on 30/4/07 to enforce the following reliefs against the Respondent/Appellant:

(a) A mandatory order compelling the Respondent who was plaintiff in Suit No. HU/217/2005 to comply with the judgment orders of this Honourable Court by receiving the final instalment sum of ₦1.3 million together with ₦5,000.00 cost awarded him in the judgment in the said suit.

(b) A mandatory order compelling the Respondent to release forthwith the gas storage tank with all components in good operational condition, which was the subject matter of Suit No. HU/217…

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