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ARCHITECT HUDU IBRAHIM MANOMI & ANOR V. JOSEPH D. MATO DAKAT & 3 ORS.

(2022) JELR 111487 (SC)

Supreme Court  •  SC.883/2015  •  3 Jun 2022  •  Nigeria

Coram
CHIMA CENTUS NWEZE, JSC AMINA ADAMU AUGIE, JSC HELEN MORONKEJI OGUNWUMIJU, JSC IBRAHIM MOHAMMED M. SAULAWA, JSC EMMANUEL AKOMAYE AGIM, JSC

Appearances
Justin Chuwang, Esq., for the applicants; V.M.G. Pwul, Esq., for the first and second respondents. Mrs. F.B. Lotben, Esq., Director, Civil Litigation Dept., Ministry of Justice, Plateau State, with J.F. Mantu, Esq., Principal State Counsel for the third and fourth respondents.

Judgement

CHIMA CENTUS NWEZE, JSC (Delivering the Leading Ruling): By an application, filed on the December 16, 2019, the applicants sought a mandatory order of this court against the respondents. It was brought pursuant to Section 287 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended in 2011); Section 17 of the Supreme Court Act, Cap. S15 Laws of the Federation, 2004; Order 3, Rule 6 of the Supreme Court Rules 1999; Section 97 of the Sheriffs and Civil Processes Act, Laws of the Federation, 2004 and under the inherent jurisdiction of this Court.

In particular, they prayed for:

1. A MANDATORY ORDER of this Court compelling the 3rd and 4th Judgment debtors to install the 1st judgment creditor/applicant as Sum Pyem of the Pyem Chiefdom in Gindiri, Mangu Local Government Area of Plateau State within 14 (Fourteen) days of the determination of this motion on notice.

2. AND FOR SUCH FURTHER ORDER(S) as this Court may deem fit to make in the circumstance.

The grounds upon which …

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