MALAM SANI ZAYYANA V. MALAM AUWAL RABIU
(2018) JELR 38910 (CA)
Court of Appeal
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CA/K/251/2017
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4 May 2018
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Nigeria
Coram
OBIETONBARA O. DANIEL-KALIO JCA;
OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA;
AMINA AUDI WAMBAI JCA;
Appearances
Lawal Ahmadu For Appellant
A. R. Sabiu For Respondent
Judgement
<p>OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Katsina State High Court delivered by Hon. Justice B. I. Wali on the 28th March, 2017.</p><p>The facts leading to this appeal are that the Respondent, who was the Plaintiff before the lower Court, by his Writ of Summons and Statement of Claim, sought the following reliefs:</p><p>1. An Order terminating the Partnership relationship between the Plaintiff and the Defendant in relation to their jointly established IHSAN INL SECONDRY (sic) SCHOOL.</p><p>2. The sum of N100, 000 only being legal fees paid for the prosecution of this suit and;</p><p>3. Cost of filing this suit.</p><p>The Appellant, the Defendant therein, filed no Statement of Defence. The Court, acceding to the oral application of the Respondent seeking the invocation of its powers under Order 26 Rule 8 of the High Court (Civil Procedure) Rules of Katsina State, entered judgment in favour of the Respondent. Dissatisfied with this decision, t…</p>