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ALH. MOHAMMED SANUSI & ORS. V. ALH. MOHAMMED BELLO GIDIYA & ORS.

(2006) JELR 41646 (CA)

Court of Appeal  •  CA/A/142/02  •  30 Mar 2006  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JCA; VICTOR AIMOPEMO OMAGE JCA; MARY PETER ODILI JCA;

Judgement

IBRAHIM TANKO MUHAMMAD, J.C.A: (Delivered the Leading Judgment): This is an appeal against the decision of the Niger Stale High Court delivered ,on 27th May 2002 in respect of the stool of the 'SARKIN BAUCHI' otherwise referred to as the District Head of Rijau in Rijau Local Government Area of Niger State.

The appellants being dissatisfied with the said decision have appealed to this Court vide a Notice of Appeal filed on 01/07/02 consisting of 8 grounds of appeal. On the 05/02/2003 the appellants by way of Motion on Notice applied for an order for leave to amend the said Notice of Appeal. This order was granted by this court on the said 05/02/2003. The amended Notice of Appeal filed by the Appellant contained 6 grounds of appeal.

This appeal was heard on the 19/01/06. Both parties filed, exchanged and adopted their respective briefs of argument.

The facts of the case were that Alhaji Muhammad Kuki Rijau was until the 19th day of February, 2001 when he died, the District head of Rijau…

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