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ADAMU V. KADIRU

(2022) JELR 110633 (CA)

Court of Appeal  •  CA/YL/09/2018  •  13 May 2022  •  Nigeria

Coram
Chidi Nwaoma Uwa JCA Fatima Omoro Akinbami JCA Mohammed Lawal Abubakar JCA

Appearances
L. P. Mohanan, Esq. (Principal Legal Aid Officer, Legal Aid Counsel Taraba) for the Appellant; No appearance for the Respondent.

Judgement

MOHAMMED LAWAL ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Justice Taraba State sitting at Jalinngo wherein the Court, in a suit initiated by the respondent, entered judgment in favour of the respondent. Dissatisfied with the decision, the Appellant filed this appeal for redress. 

The brief statement of facts is that the Respondent as Plaintiff before the trial Court instituted an action by way of originating summons against the Appellant praying for an order compelling the Appellant to handover to the Respondent vacant possession of House lying and statute at Jauro Voto, Jalingo, Taraba State. 

In opposition to the originating summons filed by the Respondent, the Appellant filed a counter-affidavit and a written address dated and filed on the 29/9/2017. The respondent then filed a Further and better Affidavit and a Reply on points of law. 

On the 11/10/2018, the trial Court discountenance with the further and better af…

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