NIGERIA AIRWAYS LTD (IN LIQUIDATION) ADE A. BABINGTON ASHAYE (LIQUIDATOR) SABU ENGINEERING CO. LTD ALHAJI BUBA SHIRA (PROPERTY MANAGER) V. HARUNA MOHAMMED MAHDI

ABOKI JCA (Delivering the Lead Judgment): This appeal is against the rulingof the Federal High Court of Justice, Kano, delivered on 6 June 2007 by Adeniyi F.A. Ademola J. The summary of the facts that gave rise to this appeal was that the appellants filed an originating motion before the lower court in which they sought for an order, directing the defendant (hereinafter called the respondent) to deliver possession of the premises situate at No. 6, Lafiya Road, Kano and to give an inventory of all the property belonging to the 1st appellant that were under his control and custody to the 2nd and 4th appellants. The respondent filed a preliminary objection, challenging the jurisdiction of the lower court to entertain the said originating motion.Consequently, the lower court upheld the said preliminary objection and accordingly struck out the application. The lower court equally ordered that the appellants’ action be transferred to the High Court of Justice, Kano State.

Vexed by the said…