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MALLAM HASSAN ASIRU V. ALHAJI SHITTU ASIRU & ORS

(2013) JELR 35399 (CA)

Court of Appeal  •  CA/IL/30/2012  •  19 Dec 2013  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; ISAIAH OLUFEMI AKEJU JCA; UCHECHUKWU ONYEMENAM JCA;

Appearances
Manzuma Issa Esq. withIbrahim Ejike For Appellant J. O. Michaels (Mrs.) - 1st and 2nd RespondentsKamaldeen Ajibade Esq. with him Tunji Ojuokaiye Esq. - 3rd Respondent For Respondent

Judgement

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Kwara State, Ilorin division delivered on 13/3/2012 in suit No. KWS/127/2010 wherein the claimant's claim was dismissed while judgment was entered for the 3rd defendant for a declaration and injunction out of her counter claim. The 3rd defendant is now the 3rd respondent.

As set out in their Amended Statement of claim, the appellant who was the claimant at the trial court sought the following reliefs:

1. A declaration that the sale of parcel of land located near Ganmo Station, Ganmo, by the 1st and 2nd defendants to the 3rd defendant without the consent and approval of the claimant being the head of Asiru Atunde family is void, wrongful and illegal.

2. An order of this Honourable court setting aside the purported sale of the parcel of land near Ganmo station, Ganmo, by the 1st and 2nd defendants to the 3rd defendant without the consent and approval of the claimant f…

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