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ABDULLAHI & ORS v. THE FEDERAL POLYTECHNIC, KADUNA & ORS

(2022) JELR 109950 (CA)

Court of Appeal  •  CA/K/610/2019  •  8 Apr 2022  •  Nigeria

Coram
Mojeed Adekunle Owoade Abubakar Mahmud Talba Mohammed Baba Idris

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Justice of Kaduna State delivered by Honourable Justice Hannatu A. L. Balogun on 7th of June, 2019. 

The Appellants as Plaintiffs instituted this suit against the Respondents by an Amended Writ of Summons dated 10-05-2017. This culminates to the Appellants/Plaintiffs' Amended statement of claim against the Respondents as follows: 

“(i) A DECLARATION that the Plaintiffs are the persons rightfully entitled to the rights, title and interest in respect of their respective lands situated opposite Angwan Television, Kaduna South along the Kaduna Bye-Pass cumulatively measuring 57.5Has. (142.08 Ac.) and are entitled to a deemed certificate of occupancy in respect of the land in dispute which subject of this suit. 

(ii) A PERPETUAL ORDER OF INJUNCTION restraining the 1st and 2nd Defendants by themselves, agents, servants, privies from further trespassing on the said far…

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