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IBRAHIM YUSUF IBRAHIM & ORS v. PHILIP ODEH AGIRI

(2014) JELR 36407 (CA)

Court of Appeal  •  CA/K/252/2012  •  28 May 2014  •  Nigeria

Coram
ABDU ABOKI JCA; ITA GEORGE MBABA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decisions (Rulings and judgment) of Kaduna state High court, in suit No.KDH/KAD/429/2004, delivered by Hon. Justice Munir Ladan on 11th October 2010, 3/2/2011, and 9/3/2011. The Ruling of 11/10/2010, had refused application for adjournment by Appellant and had closed the Appellants' case (as defendant at the Court below). The judgment of 3/2/2011 granted the Respondent the relief sought in the suit and awarded N500,000.00 damages to the plaintiff against the Defendant (now Appellant), while the Ruling of 9/3/11 refused to set aside the judgment of 3/2/2011 and to stay the execution of the judgment.

Dissatisfied with the Rulings and judgment, the Appellants filed their Notice of Appeal, dated 11/3/2011, as per the last pages of the Records of Appeal and disclosed 8 grounds of appeal. They filed their brief of argument on 12/11/2012 and distilled 6 issues for determination, namely:

(1) "Whether th…

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