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C.S.S. BOOKSHOPS LTD V. THE REGISTERED TRUSTEES OF MUSLIM COMMUNITY IN RIVERS STATE & ORS

(2006) JELR 37375 (SC)

Supreme Court  •  SC.307/2001  •  28 Apr 2006  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC UMARU ATU KALGO JSC NIKI TOBI JSC GEORGE ADESOLA OGUNTADE JSC MAHMUD MOHAMMED JSC

Appearances
Rob Iweka, SAN. (with him, A. N. Iweka [Mrs.]) For the Appellant; Mahmud Gafar, Esq. (with him, A. Araoye, Esq.) For the Respondent.

Judgement

MOHAMMED, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Port Harcourt Division which on 26-4-2001, allowed an appeal by the 1st defendant from the decision of Manuel, J. of the High Court of Justice of Rivers State sitting at Port Harcourt delivered on 3-3-1997. The Court of Appeal in its decision allowed the appeal, set aside the judgment of the trial court and dismissed the plaintiffs' claim. The appellants which were the plaintiffs at the trial High Court had sued the respondents and claimed against them as defendants in paragraph 27 of their amended statement of claim the following reliefs -27. The 1st defendant (sic) have persisted and intend unless restrained by the Honourable Court to repeat the acts complained of at paragraph 26 above, and the plaintiff's claim:-

(i) A declaration that the purported publication in the Rivers State Government's Notice No. 235 of 27th April, 1985, purportedly revoking the alleged rights …

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