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AYATU ABU v. ABDULLAHI E. KUYABANA & ANOR

(2000) JELR 43930 (CA)

Court of Appeal  •  CA/A/63/99 (R)  •  3 Jul 2000  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; ZAINAB ADAMU BULKACHUWA JCA; ALBERT GBADEBO ODUYEMI JCA;

Judgement

ODUYEMI, J.C.A. (Delivering the Lead Ruling): By a writ of summons issued out of the Abuja Judicial Division of the High Court of the Federal Capital Territory (herein referred to as the "lower court") on 16th June, 1999, the plaintiff Ayatu Abu by his Attorney, Shuaibu Abu instituted an action against (1) Abdullahi Kuyabana and (2) Mike Ozioko as 1st and 2nd defendants respectively. The writ of summons is endorsed with the plaintiffs claim thus:-

"1. A declaration that the plaintiff is the bonafide owner of the Land known as Plot 884 later conveyed and known as Plot 885 Maburshi District in Abuja Federal Capital Territory.

2. A declaration that the transfer of the land known as Plot 884 later known as Plot 885 in Maburshi District of the Federal Capital Territory by the 1st defendant to the 2nd defendant or any other person is null, void and amounts to fraud as the 1st defendant had transferred the same to the plaintiff first in time.

3. An order of injunction restraining the defenda…

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