ENGNR. P. J. I. AZAGBA V. NIGERIAN COLLEGE OF AVIATION TECHNOLOGY, ZARIA & ANOR.
(2013) JELR 35759 (CA)
Court of Appeal
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CA/K/92/2010
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26 Apr 2013
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Nigeria
Coram
ABDU ABOKI JCA;
T. N. ORJI-ABADUA JCA;
H. A. ABIRU JCA;
Appearances
Dr. K. A. Adedokun For Appellant
Theophilus Okwute - For the 1st and 2nd Respondent For Respondent
Judgement
<p><strong>ABDU ABOKI, JCA (Delivering the leading : ):</strong> This is an Appeal against the decision of the High Court of Justice Kaduna State sitting in Zaria delivered on 30th day of October 2008 by B. F. Isah J.</p><p> Dissatisfied with the decision, the Appellant who was the Plaintiff at the trial court appealed to this court.</p><p> The facts giving rise to this appeal are that the plaintiff (Appellant herein) instituted a suit vide a writ of summons, dated 26th day of March 2007 against the Defendants (Respondents herein) claiming some declarative reliefs and injunctive Order over the piece of land measuring 0.097 Hectares covered by State Certificate of Occupancy number KD.5251, lying and situate along Grace Lands Road at Ungwar Yusi, Hanwa extension, Zaria.</p><p> The writ was subsequently followed by an application for interlocutory injunction to restrain the Defendants (Respondents herein) from taking any step(s) that would affect the Plaintiff's right of ownership in the land.</p><p> The Defendant (Respondent heβ¦</p>