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TAJUDEEN NURADEEN AHMED V. NAFISA I. AHMED & ORS

(2018) JELR 38863 (CA)

Court of Appeal  •  CA/K/25/2017  •  18 May 2018  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; OBIETONBARA O. DANIEL-KALIO JCA; AMINA AUDI WAMBAI JCA;

Appearances
OMOTAYO A. BURAIMOH, ESQ. WITH HIM, AWOYEMI OPEYEMI, ESQ. AND LYNDA O. ABARI, ESQ. For Appellant NOT REPRESENTED For Respondent

Judgement

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of justice, Kano Division, holden at Kano in Suit K/47/2014, delivered on 16/11/2016 by Hon. Justice Mohammed Yahaya, wherein the Claims of the Appellant against the Respondents were dismissed.

The Appellants Claims at the lower Court against the Respondents vide the Statement of Claim dated 31/3/2014 contained at pages 8-11 of the records were as follows:

a. The plaintiffs claim is an order of perpetual injunction restraining the 1st and 2nd defendants, their servant, agent or privies from forcefully ejecting, harassing or in any other way disturbing the plaintiffs peaceable dwelling and occupation of the premises known as Block F.33 Kundila Housing Estate, Zaria Road, Kano (subject matter in this suit) occupied by the plaintiff since 1981.

b. A declaration that the acquisition or purported acquisition of the premises known as Block F.33 Kundila Housing Estate, Zaria Road…

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