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ALH. SA'ADU GARBA & ANOR v. ALH. YUNUSA SAMINU & ANOR

(2018) JELR 38541 (CA)

Court of Appeal  •  CA/S/31S/2017  •  11 Jul 2018  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Sharia Court of Appeal, Zamfara State (herein after referred to as the lower Court) delivered on 30/6/2015 wherein it affirmed the decision of the Upper Sharia Court II, Gusau.

The respondent as plaintiffs before the trial Upper Sharia Court, Gusau instituted an action against the defendants seeking for resolution of an agreement and or compromise entered between them. The plaintiffs claim is at page 12 of the record of appeal and it read as follows: -

Yunusa Saminu and Lawali Mande Gusau are hereby on behalf of Tomotoes/Vegetables Sellers Association Gusau, Zamfara State, file the suit against Saadu mai kalanzir and Umaru mai kalanzir for Court to summon them on behalf of their Association of kerosene sellers Association and our Tomatoes/Vegetables sellers Association to confirm a resolution or agreement reached on a land between the Tomatoes/Vegetables sellers Association, for …

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