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ALFRED NWANGUMA & ANOR v. AKOR IKYAANDE & ORS

(1992) JELR 41162 (CA)

Court of Appeal  •  CA/J/222/90  •  7 May 1992  •  Nigeria

Coram
ALOYSIUS IYORGYER KATSINA-ALU JCA; ALOMA MARIAM MUKHTAR JCA; OBINNAYA ANUNOBI OKEZIE JCA;

Judgement

ALOYSIUS IYORGYER KATSINA-ALU, J.C.A. (Delivering the Leading Judgment): On the 29th March, 1988 the appellants who were plaintiffs at the Katsina-Alu High Court brought this action against the respondents as defendants, in a representative capacity. The plaintiffs for themselves and as representatives of the Non-Tiv Palm Oil Traders in Adikpo claimed against the defendants jointly and severally as follows:

"(1) injunction to restrain the defendants jointly, their servants, agents, workers or otherwise howsoever from preventing the plaintiffs and those they represent from carrying on their lawful trade in palm oil in the Adikpo market and its environs and from in anyway whatsoever interfering with the plaintiffs' constitutional rights to peaceful assembly and association and freedom from discrimination as enshrined in Sections 37 and 39 of the Constitution of the Federal Republic of Nigeria 1979.

(2) Damages."

After pleadings were ordered, filed and exchanged the matter went to trial.…

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