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HON. ENGINEER KUBE AKILA DWANA v. HON. ISMAILA IBRAHIM & ORS

(2014) JELR 36211 (CA)

Court of Appeal  •  CA/YL/271/2010  •  27 Mar 2014  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; JUMMAI HANNATU SANKEY JCA; ADAMU JAURO JCA;

Judgement

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This Appeal is predicated on the Ruling of the Adamawa State High Court in Suit No. ADSN/6/2010 delivered on the 21st day of July, 2010. Therein, Nathan Musa, J., the learned trial Judge, struck out the suit of the Plaintiff, (now Appellant), on the ground that the action of the Plaintiff was incompetent due to the non-joinder of Guyuk Local Government as a party to the suit.

Troubled by that decision, the Plaintiff through his erstwhile Counsel, A.B Panyi Esq., filed an Appeal on the 26-07-10 challenging the decision on nine Grounds. Subsequently, the Plaintiff, through his newly engaged Counsel, Innocent Daa'gba, Esq., vide a motion on notice, filed on the 05-05-11, sought and obtained leave of this Court to amend the original Notice of Appeal. The Amended Notice of Appeal was thus filed on the 08-07-11, wherein the Grounds of Appeal were reduced to five.

By way of a brief background of the facts - the Plaintiff, at t…

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