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LT. COL. ERIC OSENI (RTD) v. DELE OLOJE ESQ. & ANOR

(2014) JELR 36666 (CA)

Court of Appeal  •  CA/K/110/2009  •  4 Apr 2014  •  Nigeria

Coram
ABDU ABOKI JCA; ITA GEORGE MBABA JCA; HABEEB ADEWALE OLAMUYIWA ABIRU JCA;

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the Kaduna State High Court in suit No. KDH/KAD/486/2006, delivered by Hon. Justice M. Ladan on 12/5/2008, wherein the Court held for the 1st Respondent, who was the Applicant in the Fundamental Rights Enforcement Proceeding.

The 1st Respondent had filed an action for the enforcement of his fundamental rights under Fundamental Rights (Enforcement Procedure) Rules, 1979 and his claims were predicated on the action of 2nd Respondent, and of Appellant, who had lodged a complaint in writing with 2nd Respondent against the 1st Respondent. The complaint was that the 1st Respondent (who had earlier been Counsel of the Appellant) made him (Appellant) to buy a plot of land from one Mr. Bashiru Bello at the cost of N350,000.00, when he (1st Respondent) did not properly conduct investigation into the title of Mr. Bello; that it turned out that the land belonged to the Nigerian Railway Property Ltd…

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