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ALH. UMAR YUSUF ASAKA v. ALH. SALEH RAMINKURA & ORS

(2014) JELR 36624 (CA)

Court of Appeal  •  CA/K/249/2007  •  23 Jan 2014  •  Nigeria

Coram
DALHATU ADAMU JCA; ABDU ABOKI JCA; ITA GEORGE MBABA JCA;

Judgement

ITA GEORGE MBABA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the final judgment of Kaduna State High Court in suit No. KDH/KAD/114/2005, delivered by Hon. Justice T. Zailani on 22/5/2006, wherein the learned trial Court dismissed the claims of the Plaintiff (Appellant herein) and granted the Counter-claim of the Defendants (1st Respondent herein), in part.

Appellant's claim in the Court below, as per the writ of summons, filed on 17/2/2005 and the statement of claim was for:

"(a) A declaration that the contract between the plaintiff and the first Defendant for the sale of the property known called and described as plot No. 3 Fabson close, Tudun Wada, Kaduna is still valid and subsisting.

(b) A declaration that the 1st Defendant cannot rescind the contract for the sale of property known, called and described as Plot No. 3 Fabson Close, Tudun Wada, Kaduna he entered into with the plaintiff while the plaintiff has sufficiently paid for the said property and/or whi…

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