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KANTIN KWARI MARKET TRADERS ASSOCIATION & ORS V. BASHIR LABARAN & ORS

(2016) JELR 46533 (CA)

Court of Appeal  •  CA/K/93/2015  •  3 Jun 2016  •  Nigeria

Coram
ISAIAH OLUFEMI AKEJU JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA;

Judgement

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kano State High Court delivered by Hon Justice Kabiru M. Auta on the 4th May 2015 wherein judgment was entered against the Appellants, suing as Plaintiffs.

Dissatisfied, the Appellants filed a Notice of Appeal to this Court, dated 4/5/15.

Briefs of arguments were filed in accordance with the rules of Court. The Appellant's Brief was settled by B.Y Gambo Esq., dated 14/07/2015 and filed on 15/07/2015, while the Respondent's Brief was settled by Rilwanu Umar Esq. dated 12/10/2015 but filed on 16/10/2015.

The Respondents, in addition, filed a Notice of Preliminary Objection, to the hearing of the appeal on 16th October 2015, dated 13th October 2015.

The grounds for the Preliminary objection are as follow:

i. That the 1st Appellant is registered under Part C of CAMA.

ii. That the 1st Appellant is registered as incorporated trustee and can only sue through its incorporated tru…

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