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AMBO WUYAH v. JAMA'A LOCAL GOVERNMENT, KAFANCHAN

(2011) JELR 33499 (CA)

Court of Appeal  •  CA/K/7/2007  •  7 Jun 2011  •  Nigeria

Coram
THERESA NGOLIKA ORJI-ABADUA JCA; JOSEPH TINE TUR JCA; OBANDE OGBUINYA JCA;

Judgement

JOSEPH TINE TUR, J.C.A (Delivering the Leading Judgment): This is an appeal against the decision of Hon. Justice David S. Wyom sitting at the High court of Justice Kalanchan, Kaduna state in Suit No.KDH/KAF/57/2002 delivered on the 21st day of September, 2005 wherein His Lordship dismissed the Appellant's claim in its entirety.

Against this decision the Appellant filed Notice and grounds of Appeal on the 12th day of December, 2005.

FACTS

The Appellant was the plaintiff in Suit No. KDH/HAF/57/2002 viz Ambo Wuyah v. Jema'a Local Government Kafanchan. The Appellant commenced the suit by writ of Summons and a statement of claim dated 29th day of August, 2002. The Appellant claimed reliefs in paragraph 22(1)-(5) of the statement of claim. The defendant fired a statement of defence. Hearing commenced on the 16th day of February, 2004. The Appellant called three witnesses while the Respondent called only one. At the conclusion of the hearing the Honourable Judge called for written addresses…

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