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ALHAJI ISA ABDULLAHI & ORS V. MAMMAN NUR

(2016) JELR 39678 (CA)

Court of Appeal  •  CA/J/167/2015  •  2 Dec 2016  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; ADAMU JAURO JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Appearances
Y.G. Bello, Esq. For Appellant M.S. Umar, Esq. For Respondent

Judgement

ADAMU JAURO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Justice, Borno State presided over by Hon. Justice C.A. Mamza delivered on 9th July, 2014 in suit No.BOHC/MG/CV/110/11, wherein the respondent being a plaintiff before the lower Court instituted an action against the appellants as defendants and claimed for the following reliefs:

"(a) An order declaring the plaintiff the rightful owner of a house containing 17 No. of rooms lying and situate at London Liki Area Maiduguri.

(b) An order declaring the purported sale of the house to the 3rd defendant as null and void.

(c) An injunction restraining the defendants either by themselves, their servant or agents or otherwise whosoever from entering or doing anything in the house.

(d) The plaintiff claims the cost of the suit."

See page 6 of the record.

In their joint statement of defence before the lower Court, the appellants denied the respondent's claims and counter claimed as follows:

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