ALHAJI SALIHU WUKARI SAMBO & ANOR V. CAPT. YAHAYA DOUGLAS NDATSE (RTD) & ORS
(2013) JELR 39654 (CA)
Court of Appeal
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CA/J/260C/2010
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16 Jan 2013
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Nigeria
Coram
SOTONYE DENTON-WEST JCA;
IGNATIUS IGWE AGUBE JCA;
ABUBAKAR ALKALI ABBA JCA;
Appearances
Adole Sunday holding the brief of W.Y. Mamman. For Appellant
R. J. Katausai For Respondent
Judgement
<p><strong>SOTONYE DENTON-WEST, JCA (Delivering the Leading Judgment): </strong>This is an appeal against the ruling of Hon. Justice Emmanuel A. Garba of Taraba State High Court delivered on 15th September, 2009.</p><p> The Appellants who were the complainants brought an application for leave to prefer a charge against the Respondents who were the accused persons at the trial court. The leave was granted. Thereafter the Respondents filed a motion on Notice seeking the following orders.</p><p> 1. An order of the court setting aside its order of 12th November, 2008 which granted leave to the Appellants to prefer charges against the Respondents. </p><p> 2. Further order quashing all the nine counts on the charge sheet.</p><p> 3. An order striking out the entire case of the Appellants for being incompetent.</p><p> The trial lower court granted the prayers as contained in the motion and struck out the case. Hence this appeal and cross appeal by the Appellants and Respondents respectively.</p><p> The Appellants in their joint brief of argument dated 1…</p>