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
<p>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:</p><p>"(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.</p><p>(b) An order declaring the purported sale of the house to the 3rd defendant as null and void.</p><p>(c) An injunction restraining the defendants either by themselves, their servant or agents or otherwise whosoever from entering or doing anything in the house.</p><p>(d) The plaintiff claims the cost of the suit."</p><p>See page 6 of the record.</p><p>In their joint statement of defence before the lower Court, the appellants denied the respondent's claims and counter claimed as follows:</p><p>…</p>