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MALLAM UMARU KWAGE & ORS v. UPPER SHARIA COURT GWANDU & ORS

(2017) JELR 37973 (CA)

Court of Appeal  •  CA/S/54/2014  •  8 Jun 2017  •  Nigeria

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

Judgement

FREDERICK OZIAKPONO OHO, JCA (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Kebbi State (hereinafter referred to as the Court below) sitting at Birnin Kebbi in Suit No. KBHC/M.220/2014 and delivered on the 13-5-2015 in which the Court sustained a Notice of preliminary objection brought by the 5th Respondent challenging the competence of the Appellants application for the enforcement of their fundamental rights to fair hearing and their guarantee to own property pursuant to Sections 36(1), 43 and 44 respectively of the 1999 Constitution of the Federal Republic of Nigeria, as amended.

By the Appellants notice of motion filed on the 11-12-2014 they sought the following Reliefs;

A. A Declaration that the Applicants and all they represent not being parties or privies to the proceedings in suit no. USC/GD/CV/FI/76/2010 and Appeal nos. SCA/KBS/GD/24/2011 and CA/48S/2012 determined by the Upper Sharia Court Gwandu (1st Respondent) and the Kebbi Stat…

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