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BABA MALLAM UMAR MONGUNO v. ALHAJI MUSTAPHA GADOBE & ORS

(2018) JELR 38331 (CA)

Court of Appeal  •  CA/J/93/2016  •  23 May 2018  •  Nigeria

Coram
UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU JCA;

Judgement

UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): The appeal is against the decision of the High Court of Borno State delivered on 16th March, 2016 by F. UMARU, J. in Suit No: BOHC/MG/CV/125/2011, wherein the trial Court dismissed all the Appellants claims as Plaintiff.

By the writ of summons filed on 27th September, 2011 the Appellant commenced this action against the 1st Respondent as the sole Defendant. On 28th October, 2013 during the pendency of the action, the 2nd and 3rd Respondents were joined as Defendants on the application of the 1st Respondent.

The live pleadings before the trial Court were:

1. The Plaintiffs further further amended statement of claim dated 12th October, 2014

2. The 1st Defendant further amended statement of defence dated and filed on 21st October, 2014 and

3. The 2nd and 3rd Defendants joints statement of defence dated and filed on 5th November, 2015

The Appellants claim as per the further further amended statement of claim is for;


a. A declaration…

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