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SULE D. PODO V. THE GOMBE STATE GOVERNMENT & ORS

(2016) JELR 41037 (CA)

Court of Appeal  •  CA/J/231/2014  •  20 May 2016  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; SAIDU TANKO HUSSAINI JCA; BIOBELE ABRAHAM GEORGEWILL JCA;

Judgement

SAIDU TANKO HUSSAINI, J.C.A.(Delivering the Leading Judgment): This appeal brings to the fore the question of the relevance of the Public Officers (Protection) Law in an action commenced against certain persons or bodies in relation to a house or property being the subject-matter of claim. The Appellant as the Plaintiff at the High Court of Gombe State caused a Writ of Summons (as amended) to issue at the said Court against the respondents as defendants vide Suit. No. GM/136/2011 wherein he claimed all the reliefs at Paragraph 20 (a) (e) of the Amended Statement of Claim to wit:-

20. WHEREOF the plaintiff is aggrieved and claim against the defendants jointly and severally as follows:-

(a). A declaration that the purported sale/allocation of house number 44, J. I. Orji Housing Estate Gombe to the 5th defendant by the 3rd and 4th defendants on the basis of the owner occupier policy while the 5th defendant was not occupying the premises and was equally not a Civil Servant as against the pl…

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