Letter Titus Terungwa & Anor. V. Ayua Terhile Emmanuel & Ors. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ALI ABUBAKAR BABANDI GUMEL, J.C.A, (Delivering the Leading Judgment)

I have carefully read and considered the briefs of argument filed and fully argued on behalf of the parties herein by respective learned Counsel. I had also fully considered the notice of preliminary objection dated and filed on 28-10-2011, on behalf of the 1st Respondent, together with all the arguments and submissions made on it. I have found it to be totally lacking in merit. It is accordingly dismissed.

The 4 issues formulated and argued on behalf of the Appellants are valid having been fully distilled from valid and competent grounds of appeal. Issues 1 and 4 are resolved in favour of the Appellants. Appeal is allowed in part. The ruling of the lower Court delivered on 16/09/2011 in Petition No. NSHA/EPT/BN/HA/36/2011 wherefore it struck out the said petition is hereby set aside, more particularly as it affects all other paragraphs of the petition that contain allegations against the 3rd Respondent and its officers and agents.

There are enough allegations of fact to support the 3 grounds of the petition even if all the paragraphs that contain allegations against persons who had not been made parties to the petition are discountenanced. All such paragraphs are hereby so discountenanced in order to save time. Petition is hereby remitted to the lower Court for hearing and determination by another panel. I make no order for costs.

I would give my full reasons for allowing this appeal in part at a date to be announced to the parties and their counsel.

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Other Citation: (2011)LCN/4868(CA)

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