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ALHAJI IBRAHIM ADAMU v. ALHAJI ABDULLATIF HASSAN & ORS

(2014) JELR 36622 (CA)

Court of Appeal  •  CA/K/186/2008  •  3 Apr 2014  •  Nigeria

Coram
THERESA NGOLIKA ORJI-ABADUA JCA; JOSEPH SHAGBAOR IKYEGH JCA; TIJJANI ABUBAKAR JCA;

Judgement

TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Kano state High Court delivered on 31st January 2008, by Hon. Justice A. M. Haliru (of blessed memory).

The first, second and third Respondents in this appeal entered into partnership agreement with one Alhaji Hamdan Idriss, under the said partnership agreement, Alhaji Hamdan Idriss invested the sum of N755,000.00k in the business. The partnership agreement did not work after all. Alhaji Hamdan Idriss therefore instituted an action before the Borno Upper Area Court in Suit No. BUAC/CVF/97. The court eventually entered consent judgment. The consent judgment was eventually executed in Kano after undergoing due process of registration.

The judgment was levied on the property of the first Respondent at Kawaji Quarters in Kano, specifically on property covered by certificate of occupancy No. CON/RES/95/282. The 4th and 5th Respondents in this appeal sold the said property by auction on 12…

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