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GOYANG KAYILI v. ESLY YILBUK & ORS

(2015) JELR 33233 (SC)

Supreme Court  •  SC.92/2005  •  13 Feb 2015  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; JOHN AFOLABI FABIYI JSC; MUSA DATTIJO MUHAMMAD JSC; CLARA BATA OGUNBIYI JSC; KUDIRAT MOTOMORI OLATOKUNBO KEKERE-EKUN JSC;

Judgement

CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): Briefly and for purpose of understanding the background history the appeal now before us, it is pertinent to state that the 1st respondent together with two other persons now deceased, whose names have been struck out of the appeal at the lower court, instituted Suit No. PLD/J.192/87 against the present appellant as well as the 2nd and 3rd respondents at the High Court Jos but was later transferred to Pankshin High Court which heard and determined the Suit. At the trial court, the 1st respondent as well as the two other persons now deceased were the Plaintiffs while the appellant and the 2nd and 3rd respondents in this court were the defendants. The suit at the trial High Court was instituted in a representative capacity on behalf of the initiators and members of Neha Family of Somji.

The case of the plaintiffs/1st respondent before the trial court was that at all material times to the action they are members of Neha famil…

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