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THE REGISTERED TRUSTEES OF ASSOCIATION OF TIPPERS AND QUARRY OWNERS OF NIG. V. CHIEF RAMONI YUSUF & ORS.

(2011) JELR 49114 (CA)

Court of Appeal  •  CA/I/204/2008  •  9 Nov 2011  •  Nigeria

Coram
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; CHINWE EUGENIA IYIZOBA JCA; MOORE A. A. ADUMEIN JCA;

Judgement

MOORE A. A. ADUMEIN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Osun State, sitting at Osogbo, delivered by SHIYANBOLA, J. on the 8th day of February, 2007. The appellants were the plaintiffs, while the respondents were the defendants/counter claimants, in the court below. The appellants' claim in the lower court was refused while two of the respondents' prayers in their counterclaim were granted. The appellants were dissatisfied with the decision of the lower court and appealed to this Court. The appellants' amended notice of appeal contains the following grounds, without their particulars, namely:

"(1) The learned trial Judge erred in law when he held as follows: "The issue of exclusive ownership of quarry canvassed by the Plaintiffs cannot therefore stand. I hold therefore that the ownership of quarry cannot be the exclusive preserve of the Plaintiffs. The Plaintiffs and the Defendants by the Provision of section 12 (c) of …

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