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ALHAJI ABDU ABUBAKAR KAURA JEGA V. ALHAJI ABDULLAHI MUSA MAGAJI

(2021) JELR 109309 (CA)

Court of Appeal  •  CA/S/10/2021  •  2 Dec 2021  •  Nigeria

Coram
Saidu Tanko Hussaini, JCA Mohammed Baba Idris, JCA Mohammed Danjuma, JCA

Judgement

MOHAMMED BABA IDRIS, J.C.A. (Delivering the Leading Judgment): The Appellant herein by a Notice of Appeal dated the 20th day of November, 2020, appealed against the decision of the Kebbi State High Court wherein it gave judgment in favour of the Respondent who was the Claimant before the trial Court.

By a Writ of Summons dated 21st November, 2019, the Respondent as Claimant at the trial Court prayed the Court below for the following reliefs:

1. A Declaration that the Claimant is the rightful owner, to the exclusion of all other persons (the Defendant inclusive), of the land in dispute located at along Sokoto road, near school of Health Technology, Jega, Kebbi State which he acquired through purchase from the Defendant sometime in 1988.

2. A Declaration that the said sales agreement between the parties still remains binding on them and none of them can rescind therefrom.

3. A Declaration that the Defendant’s entry upon the land in dispute and remaining thereon despite several demands by th…

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