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CHIEF DANIEL ALLISION IBULUYA & ORS. V.CHIEF KALADIKIBO SAMUEL DIKIBO & ORS.

(2010) JELR 47568 (SC)

Supreme Court  •  SC.149/2001  •  30 Apr 2010  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; IKECHI FRANCIS OGBUAGU JSC; FRANCIS FEDODE TABAI JSC; CHRISTOPHER MITCHELL CHUKWUMAH-ENEH JSC; SAIFULLAH MUHAMMAD MUNTAKA-COOMASSIE JSC;

Judgement

FRANCIS FEDODE TABAI J.S.C.: (Delivering the Leading Judgment): This action was commenced at the Port Harcourt Judicial Division of the High Court of Rivers State on or about the 23rd of August 1982 when the writ of summons was issued. The Plaintiffs were the Respondents at the Court below and also the Respondents herein and shall hereinafter mainly be referred to simply as the Respondents. The Defendants, on the other hand, were the Appellants at the court of below and also the Appellants herein. I shall hereinafter refer to them mainly as the Appellants. In the writ of summons the Respondents claimed three reliefs. In the statement of claim dated and filed on the 25th of February 1983, the Respondents claimed four reliefs. The statement of claim was however amended on the 28th of April 1988. In Paragraph 15 (fifteen) thereof the Respondents claimed against the Appellants jointly and severally the following four reliefs:

(i) A declaration that the Plaintiffs are entitled to the grant…

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