Kantin Kwari Market Traders Association & Ors V. Bashir Labaran & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OLUDOTUN ADEBOLAÂ ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Kano State High Court delivered by Hon Justice Kabiru M. Auta on the 4th May 2015 wherein judgment was entered against the Appellants, suing as Plaintiffs.

Dissatisfied, the Appellants filed a Notice of Appeal to this Court, dated 4/5/15.

Briefs of arguments were filed in accordance with the rules of Court. The Appellant’s Brief was settled by B.Y Gambo Esq., dated 14/07/2015 and filed on 15/07/2015, while the Respondent’s Brief was settled by Rilwanu Umar Esq. dated 12/10/2015 but filed on 16/10/2015.

The Respondents, in addition, filed a Notice of Preliminary Objection, to the hearing of the appeal on 16th October 2015, dated 13th October 2015.

The grounds for the Preliminary objection are as follow:

i. That the 1st Appellant is registered under Part C of CAMA.

ii. That the 1st Appellant is registered as incorporated trustee and can only sue through its incorporated trustees,

iii. That the 1st Appellant is not a juristic personality, only a juristic personality can sue and be sued.

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iv. That the 1st Appellant does not have locus standi to sue the respondents.Â

The Preliminary Objection was argued at Pages 5-8 of the Respondent’s Brief.

In response, the Appellant filed a Reply, dated 29/2/16.

I shall summarily dispense with the Preliminary Objection of the Respondent, as the issues raised therein, and which also form the 1st issue for determination raised by the Respondents, were never raised in the Court below.