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A. G. LEVENTIS & COMPANY NIGERIA PLC v. ALH. BASHIR ALH. MODU

(2018) JELR 38461 (CA)

Court of Appeal  •  CA/J/198/2014  •  13 Jul 2018  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; ADAMU JAURO JCA; UCHECHUKWU ONYEMENAM JCA;

Judgement

UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Borno State in Suit No. M/124/06 delivered by A.Z. Musa, J. on 17th April, 2014 wherein the learned trial Judge granted all the reliefs claimed by the Respondent.

At the trial Court the Respondent had sued the Appellant for declaration that the contract of sale and assignment entered by the Appellant and the Respondent in respect of Plot Nos: 44 and 45 covered by Certificate of Occupancy Nos: YB 5063 and YB 3814 is valid and subsisting, and an order for specific performance. The Appellant, being dissatisfied with the decision of the trial Court granting all the reliefs claimed by the Respondent filed this appeal on 30th April, 2014. The case at the trial Court is that the Appellant is the owner of the two plots of land in dispute covered by Certificate of Occupancy Nos: YB 5063 and YB 3814 and had been in undisputed possession of same. The Respondent claimed to ha…

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