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SANI MUSTAPHA BABURA v. SAIDU MOHAMMED

(2016) JELR 36940 (CA)

Court of Appeal  •  CA/J/99/2014  •  26 Jan 2016  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; JUMMAI HANNATU SANKEY JCA; SAIDU TANKO HUSSAINI JCA;

Judgement

TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Gombe State High Court of Justice, presided over by Hon. Justice H. A. Barka (as he then was) delivered on the 12th day of July, 2012 wherein the learned trial Judge entered Judgment in favour of the Respondent, against the Appellant. The facts of the case as can be gleaned from the record of proceedings are that:

The Appellant by his amended writ of Summons and statement of claim instituted this action at the Lower Court and sought for the following reliefs against the Respondents:

"??a. Declaration that the Plaintiff is the legal and rightful owner of a land situate in Gombe covered by a Certificate of Occupancy No. BA/5225 and no other person/body including the defendant.

b. Declaration that the piece of land covered by a Certificate of Occupancy No. BA/5225 is not the same piece of land as reflected on the letter of grant No. BA/780 issued to the defendant.

c. An order directin…

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