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LETTER TITUS TERUNGWA & ANOR. V. AYUA TERHILE EMMANUEL & ORS.

(2011) JELR 41758 (CA)

Court of Appeal  •  CA/MK/EPT/27/2011  •  2 Nov 2011  •  Nigeria

Coram
MUHAMMED LADAN TSAMIYA JCA; ALI ABUBAKAR BABANDI GUMEL JCA; UCHECHUKWU ONYENAM JCA;

Judgement

ALI ABUBAKAR BABANDI GUMEL, J.C.A, (Delivering the Leading Judgment): I have carefully read and considered the briefs of argument filed and fully argued on behalf of the parties herein by respective learned Counsel. I had also fully considered the notice of preliminary objection dated and filed on 28-10-2011, on behalf of the 1st Respondent, together with all the arguments and submissions made on it. I have found it to be totally lacking in merit. It is accordingly dismissed.

The 4 issues formulated and argued on behalf of the Appellants are valid having been fully distilled from valid and competent grounds of appeal. Issues 1 and 4 are resolved in favour of the Appellants. Appeal is allowed in part. The ruling of the lower Court delivered on 16/09/2011 in Petition No. NSHA/EPT/BN/HA/36/2011 wherefore it struck out the said petition is hereby set aside, more particularly as it affects all other paragraphs of the petition that contain allegations against the 3rd Respondent and its offi…

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