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NAPHTALI SANABORN ABRAHAM & ANOR v. THEOPHILUS BAAJON & ANOR

(2017) JELR 37349 (CA)

Court of Appeal  •  CA/YL/50/2016  •  8 Dec 2017  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; JAMES SHEHU ABIRIYI JCA; SAIDU TANKO HUSAINI JCA;

Judgement

SAIDU TANKO HUSAINI, J.C.A. (Delivering the Leading Judgment): The High Court of Justice of Taraba State, sitting in Jalingo on the 11th November, 2013 dismissed the claim brought by the appellants as plaintiffs before that Court in the Judgment delivered same date is Suit No. TRSJ/86/2008.

The appellants had instituted action and claimed through the writ of summons issued on the 27th October, 2008 and the Statement of claim (as amended), all the reliefs against the respondents jointly and severally, that is: (A) AN ORDER declaring the 9/6/2004 purported sale of the Land in dispute by Luka to the 1st Defendant or Defendants without the familys approval is invalid or void. (B) AN ORDER FOR DECLARATION OF TITLE over that securely Fenced piece of land measuring 65 x 75 x 69 feet lying and situate at A.T.C. Kofai, Wukari Road which is bounded at the North, by the Jaingo-Wukari High Way; At the South, by another Motrorable Road lying parallel to the Jalingo Wukari High Way: At the West, by …

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