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(2022) JELR 109907 (CA)

Court of Appeal  •  CA/K/553/2019  •  2 Sep 2022  •  Nigeria

Amina Audi Wambai JCA Bitrus Gyarazama Sanga JCA Mohammed Baba Idris JCA


MOHAMMED BABA IDRIS, J.C.A. (Delivering the Leading Judgment): The Appellant herein, who was the plaintiff at the trial Court, filed four Amended Writ of Summons and Amended Statement of Claim at the High Court of Justice sitting in Kaduna, against the 1st and 2nd Respondents, as defendants before the said Court and eventually seeking the following reliefs: 

(1) A DECLARATORY ORDER of this Honourable Court that the property No 4, Mukhar Muhammed Road, Nurayi-High Cost, Kaduna South, Kaduna have been sold to the Plaintiff at all times prior to an alleged sale to the 3rd Defendant. 

(2) AN ORDER of this Honourable Court setting aside the purported sale of the property lying and situate at No Mukhtar Muhammed Road Narayi High Cost Kaduna South to the 3rd Defendant. 

(3) AN ORDER of this Honourable Court declaring NULL and VOID any other title in favour of any person(s) corporate or incorporate which covers or superimposed on the property already vested in the Plaintiff. 

(4) AN ORDER of sp…

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