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J.O. AMAWO & ANOR V. A.G. NORTH- CENTRAL STATE & ORS

(1973) JELR 37461 (SC)

Supreme Court  •  SC.217/1972  •  15 Jun 1973  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; ATANDA FATAYI-WILLIAMS JSC; AYO GABRIEL IRIKEFE JSC;

Appearances
S. O. Adewumi for Appellants. For Appellant I. A. Salami (State Counsel North-Central State) for 1st and 2nd respondents. Alhaji M. Kaloma Ali for the 3rd respondent. For Respondent

Judgement

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): This appeal is against the ruling of Bello S.P.J. (High Court, Kaduna, North-Central State) in Suit No. NCH/3111972 by which the plaintiffs' claim against the present 3rd defendant, Alhaji Tijani Hashim, was dismissed with costs. In the action instituted by the plaintiffs (now appellants) the writ was endorsed as follows:-

"The plaintiffs' claim against the defendants, jointly and in the alternative is for a declaration of this Honourable Court that the certificate of occupancy No. 14468 granted to Alhaji Tijani Hashim is null and void and of not effect whatsoever in the law in so far as it relates to Plot M4, Ahmadu Bello Way which is covered by a certificate of occupancy No. 3380 of 13th April, 1933."

The plaintiffs in the action were

(i) J. O. AMAWO;

(ii) Mrs V. E. ALAKA.

They are the present appellants before us; the respondents before us are the defendants to the action, and they are-

(i) THE ATTORNEY-GENERAL, NORTH-C…

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