Amina Muh’d Magas & Ors V. Alh. Sani Turaki & Ors (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Lead Ruling)

The interested Parties/Applicants by a motion on notice dated 22nd October, 2016, prays this Court for the following orders:

I. Leave of this Honourable Court to appeal as interested parties in Suit No. BA/241/2015 filed before and determined by the Bauchi State High Court No.5, between Alh. Sani Turaki v Ministry of Lands and Housing Bauchi State.

II. Leave of this Court extending time for the Applicants to seek leave to appeal against the decision of the Bauchi State High Court in the suit above cited which was delivered on the 28th day of April, 2016.

III. An order granting leave to the Applicants to appeal against the decision of the Bauchi State High Court delivered on the 28th April 2016, in Suit No. BA/241/2015 Between Alh. Sani Turaki Vs Ministry of Lands and Housing Bauchi State.

IV. An order of this Court extending the time stipulated by law for the Applicants to appeal against the Judgment of the Bauchi State High Court in Suit No. BA/241/2015, delivered on the 28th April, 2016, notice of which is herewith attached and marked as Exhibit MM1.

V. An

1

Order of this Court staying the execution of the judgment of Bauchi State High Court in Suit No. BA/241/2015 as granted on the date above mentioned, pending the determination of this Appeal.

VI. AND FOR SUCH FURTHER ORDER(S) as this Court deems fit to make given the circumstances of this matter.

The grounds upon which the reliefs are anchored as stated on the face of the Motion paper. The application is supported by a 18 paragraph affidavit deposed to by Fanah Kauja, litigation counsel in the Law Firm of M.M. Mailumo & Co. the lead counsel of the Applicants. Three Exhibits marked MM1, MM2 and MM3 were attached to the affidavit in support of the application.

The 1st Respondent in opposing the application filed a 5 paragraph counter-affidavit on 31-10-2016. Applicants, in response filed further and better affidavit containing 22 paragraphs on 04-11- 2016.

On 08-11-2016 when the motion came up for hearing, written addresses were ordered as the same was contentious. Both the applicants and 1st Respondent adopted their written addresses on 02-03-2017. The Chief State Counsel Mr. Umar Esq. representing the 2nd Respondent did not

2