FASHAR INDUSTRIAL & PROPERTY DEVELOPMENT CO. (NIG.) LTD V. EXECUTIVE AVIATION SERVICE LTD CAPT. I. I. WADA EXECUTIVE AIRLINES SERVICE LTD
(2005) JELR 53972 (CA)
Court of Appeal
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CA/K/30/2000
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5 Dec 2005
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Nigeria
Coram
BABA ALKALI BA'ABA JCA (Presided) ABUBAKAR ABDULKADIR JEGA JCA STANLEY SHENKO ALAGOA JCA (Read the Lead Judgment)
Appearances
Abdulrahaman Usman holds the brief of Ahmed Raji - for the Appellant . C
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Yunus Ustaz Usman (SAN) (with him, Mrs S. O. Omoloba, Asabe Ahmed and M. Etubi) - for the Respondents .
Judgement
<p><strong> ALAGOA JCA (Delivering the Lead Judgment: </strong> This is an appealagainst the judgment of Abdullahi Mustapha J. of the Federal High Court Kano delivered on the 30th day of September, 1998, wherein he dismissed the appellant’s claim.</p><p>By a writ of summons dated 23rd February, 1998 and filed same day , the appellant then plaintiff claimed against the respondents, then defendants jointly and severally as per its particulars as follows: <em> Brief particulars of the case </em> “1. A declaration that the plaintiff is the lawful owner ofan aircraft (HS125 403B, G-TACE serial number 25223, which has been changed to HS 125/Reg. 5N-EAS).</p><p>Further, or in the alternative to 1 above, a declaration that the aircraft allegedly known and described as HS 125 with registration number 5N-EAS and serial number 15217 currently in the custody of the 3rd defendant is the same plaintiff’s aircraft (RS 125 G-TACE, serial number 25223, which has been changed to HS 125/Reg 5N-EAS) and thatthe plaintiff is the lawful owner there…</p>