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PRINCE BIYI POROYE & ORS v. SENATOR A.M. MAKARFI & ORS

(2017) JELR 41595 (SC)

Supreme Court  •  SC.130/2017  •  12 Jul 2017  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; IBRAHIM TANKO MUHAMMAD JSC; OLABODE RHODES-VIVOUR JSC; OLUKAYODE ARIWOOLA JSC; MUSA DATTIJO MUHAMMAD JSC;

Judgement

OLUKAYODE ARIWOOLA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Abuja Division, (hereinafter referred to as "the lower Court" or "the Court below), delivered on 23rd November, 2016 wherein the Court allowed the appeal of the 1st and 2nd Respondents against the judgment of the Federal High Court, Abuja, (hereinafter called "the trial Court) delivered on 29th June, 2016.

Dissatisfied with the judgment of the Court below, the appellants who were the 1st to 9th respondents at the Court below appealed to this Court pursuant to the leave of Court granted on 2nd February, 2017 by the Court below. The notice of appeal contained seven (7) Grounds of appeal. However, upon receipt of the records of appeal, two additional grounds 8 and 9 were raised to the earlier notice that was filed on 6th February, 2017.

The gist of this case goes as follows: The appellants, as Plaintiffs had taken out an originating summons at the trial Court. In sup…

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