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MOSES MAPUR MAVOLO & ANOR v. MONDAY MASOK

(2014) JELR 36454 (CA)

Court of Appeal  •  CA/J/82/2011  •  26 Feb 2014  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; CHIOMA E. NWOSU-IHEME JCA; IBRAHIM SHATA BDLIYA JCA;

Judgement

TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Plateau State, Coram D.G. Mann (J) delivered on the 29th day of February, 2008 wherein the learned trial Judge held inter alia thus:

"In conclusion, I do grant to the plaintiffs in this case the declaratory reliefs in paragraphs 37(a) and (b) but I refuse to grant the relief in paragraph 37(c). I have carefully looked at relief 37(d) and I think that it ought not be granted in so far as it seeks a perpetual injunction against the defendant. Although reliefs 37(a) and (b) have been granted relief 37(d) does not necessarily flow there from as a consequence and is therefore hereby refused. That shall be the judgment of this court."

The Appellants were the Plaintiffs in the trial Court (herein referred to as the lower Court) whilst the Respondent was one of the Defendants at the said Court. By their amended statement of claim the Appellants claimed against the …

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