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ALHAJI ABUBAKAR DANIYA WAZIRI & ORS v. ALHAJI A. B. ABUBAKAR

(2004) JELR 45045 (CA)

Court of Appeal  •  CA/A/88/2003  •  16 Jul 2004  •  Nigeria

Coram
IBRAHIM TANKO MOHAMMED JCA; ZAINAB ADAMU BULKACHUWA JCA; ALBERT GBADEBO ODUYEMI JCA;

Judgement

BULKACHUWA, J.C.A. (Delivering the Leading Judgment): The appellants as plaintiffs before the Minna High Court No.6 Coram Mayaki, J. with leave of the court sued the respondent as defendant in a representative capacity for themselves and on behalf of 30 other children of late Alhaji A.B. Waziri claiming the following reliefs:

1. An order on the defendant to give a satisfactory account of the assets of the late Alhaji A.B. Waziri who died on the 3rd of May, 1995.

2. An order that the defendant should disengage from administration of the estate of the said deceased.

3. An order that the defendant should surrender all assets of the said deceased in his possession to the plaintiffs.

The late Alhaji A.B. Waziri held substantive shares in Arewa Construction Ltd. and was its chairman prior to his demise. He also had other assets. On his death, on the advice of the late Etsu Nupe and other elders, the appellants as children of late A.B. Waziri donated a power of attorney to the respondent t…

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