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MR MATHEW D. AHMADU V. MRS RIFKATU SOLOMON

(2010) JELR 33679 (CA)

Court of Appeal  •  CA/K/139/06  •  4 May 2010  •  Nigeria

Coram
MOHAMMED L. GARBA JCA; JOHN INYANG OKORO JCA; THERESA N. ORJI-ABADUA JCA;

Judgement

JOHN INYANG OKORO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kaduna State High Court presided by Hon. Justice James Abiriyi delivered on the 8th day of August, 2003, whereby the court below granted the declaratory reliefs and General damages sought against the Appellant.

A brief fact of the case are that one Adio Okanlawon who testified as PW1 at the court below acquired the property known as No. 25 Gadam St, Trikania a.k.a No. AF17 Gadam St Trikania, Kaduna from one Gwari man who issued him a written document i.e., Exhibit 3. He built a house up to lintel level and then sold it to the Respondent. He handed over to the Respondent a certificate of occupancy and a written agreement which are Exhibits 1 and 3 respectively. The said Adio and the Respondent made an agreement therein which is Exhibit 2. After buying the uncompleted building, the Respondent added "two coaches" of blocks for the purpose of roofing.

Since the Respondent resides in…

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