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THE REGISTERED TRUSTEES OF AHMADIYYA MISSION NIGERIA V. BABA MALLAM SULE

(2001) JELR 48001 (CA)

Court of Appeal  •  CA/PH/187/90  •  22 Feb 2001  •  Nigeria

Coram
IGNATIUS CHUKWUDI PATS-ACHOLONU JCA; MICHAEL EYARUOMA AKPIROROH JCA; ABOYI JOHN IKONGBEH JCA;

Judgement

IKONGBEH, J.C.A. (Delivering the Leading Judgment): This is an appeal by the plaintiff against the judgment of G. G. I. Ojiako, J., of the Imo State High Court, sitting at Owerri, wherein the plaintiff's action was dismissed in its entirety. The plaintiff, acting through its attorney, Ali Onuoha, had taken out a writ of summons against the defendants jointly and severally claiming damages for acts of trespass allegedly committed by them on various occasions on its parcel of land, which it referred to as No. 16/18 Nekede Street, Owerri. It had also sought an order of injunction to restrain the defendants from committing further acts of trespass on the land.

This is one appeal that ought never to have been brought. It is manifestly lacking in merit. The plaintiff, through its attorney and the learned counsel that appeared for it in the court below, expressly and by very strong implication, conceded that the very basis upon which it had premised its action against the defendants was non-…

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