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ALH. MUHAMMED ALIYU SHABA NDALILE & Ors v. HIS ROYAL HIGHNESS ETSU NUPE & Ors

(2010) JELR 33672 (CA)

Court of Appeal  •  CA/A/178/07  •  16 Jun 2010  •  Nigeria

Coram
MARY U. PETER-ODILI JCA; JIMI OLUKAYODE BADA JCA; ABDU ABOKI JCA;

Judgement

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment) This is an appeal against the Ruling of the High Court of Justice, Niger State sitting in New Bussa in Suit Number: NSHC/MN/144/2001. ALHAJI SULEIMAN NDALILE MOKWA and 8 OTHERS V. HRH. ALHAJI ABUBAKAR. ETSU NUPE and 4 OTHERS, delivered on 3rd May, 2005.

Briefly, the facts of the case are that the Appellants at the lower Court claimed against the Defendants jointly and severally for a Declaration challenging the nomination and appointment of the 2nd Respondent as the District Head of Mokwa Town in Mokwa Local Government Area of Niger State by the 1st and 3rd Respondents respectively.

After the exchange of pleadings, the Respondents, pursuant to Order 23 Rule 2 of the High Court (Civil Procedure) Rules of Niger State, applied to the Court that the points of law raised in the pleadings be set down for hearing.

In his Ruling, the learned trial Judge held that all persons named in this suit are interested parties and therefore h…

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