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THE HON. ATTORNEY GENERAL OF ONDO STATE V. MOSES TENE & ORS

(2015) JELR 40459 (CA)

Court of Appeal  •  CA/B/135/2008  •  11 Nov 2015  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA; PHILOMENA MBUA EKPE JCA;

Appearances
Chief Wole Olanipekun, SAN with him Dr. Ifeolu Koni For Appellant Professor I. E. Sagay SAN with P. B. A. Ademi-Aipeto For 1st - 3rd Respondents.Dr. Nasiru Aliyu For the 4th RespondentMary Bamitale Baiyekusi For 5th RespondentChief I. O. Jemiole For 6th - 15th RespondentsA. Akpomuje, SAN Esq; with I. D. Tuggen and N. O. Asabozo For the 16th Respondent For Respondent

Judgement

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The instant appeal is a fall-out of the Judgment of the Federal High Court, Benin Judicial Division, delivered on June 10, 2008 in Suit No. FH/B/C5/118/2006. By the Judgment in question, the court below, coram: Chukura Nnamani, J; dismissed the Appellant's preliminary objections and entered judgment for the 1st - 3rd and 6th - 15th Respondents (1st and 2nd sets of Plaintiffs), respectively.

BACKGROUND FACTS:

The facts and circumstances surrounding the appeal are gleanable from the records of appeal. Indeed, the genesis of the appeal is traceable to July 10, 2006. That was the day the 1st set of Respondents (1st set of Plaintiffs) instituted the said suit, vide a Writ of Summons, seeking some declaratory and injunctive reliefs against the Appellant, 4th and 5th Respondents, respectively. By the Statement of Claim filed along with the Writ of Summons thereof, the 1st - 3rd Respondents sought the following reliefs aga…

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