MALAM ZUBAIRU BADAMASI V. ALHAJI SA'ADU BADAMASI

THERESA NGOLIKA ORJI-ABADUA, J.C.A.(Delivering the Leading Judgment): The Respondent instituted an action against the Appellant before the High Court of Kano State in suit No. K/416/2005. In his Statement of Claim dated 7/7/2005, he sought for five reliefs against the Appellant thus:

"1. A declaration that the Plaintiff is the rightful owner of a House consisting of 3 bedrooms, a kitchen and a toilet/bathroom known as Gidan Gabas in Kwaji Quarters, Kano.

2. A declaration that the defendant is a mere licensee of the said House known as Gidan Gabas belonging to the plaintiff.

3. A mandatory order of this Honourable Court compelling the Defendant to deliver up the possession of the said House known as Gidan Gabas in Kawaji Quarters, Kano consisting of 3 bedrooms, a kitchen and toilet/bathroom to the Plaintiff or ejecting the defendant from the said house.

4. A mandatory order of injunction restraining the defendant from disputing the title of the Plaintiff to the said house.

5. General D…