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J. O. ADEDEJI v. ALHAJI ADO DANKULA & ORS.

(2007) JELR 33855 (CA)

Court of Appeal  •  CA/K/107/2004  •  18 Apr 2007  •  Nigeria

Coram
AMIRU SANUSI JCA; KUDIRAT MONTOMORI OLATOKUNBO KEREKE-EKUN JCA; OLUKAYODE ARIWOOLA JCA;

Judgement

AMIRU SANUSI, J.C.A. (Delivering the Leading Judgment): This appeal emanates from the decision of High Court of Justice, Kaduna (the lower court for short) in suit No. KDH/KAD/77/91 delivered on the 2nd day of March 2001. At the lower court, the appellant as plaintiff took a Writ of Summon against Ibrahim Folorunsho (now deceased) and the first and 2nd respondents then as 1st and 2nd defendants claiming the under mentioned reliefs:-

a. A declaration that the defendants have no right of Sale of plaintiff's house known and situated at No.A1. 92 Kurmin Mashi Kaduna covered by certificate of occupancy No KDA/A/000128 dated 13/9/1985 which is within Kaduna Urban Land.

b. A declaration that purported sale of the plaintiff's house by the 1st defendant to the 3rd defendant is illegal, null and void and a consequential order that the purported sale be set aside.

c. A perpetual injunction restraining the defendants, their agents, servants, privies etc from selling, trespassing on the plaintiff…

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