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ALH. UMARU BAKO & ORS v. YAU ABUBAKAR

(2014) JELR 36316 (CA)

Court of Appeal  •  CA/K/219/2012  •  5 Feb 2014  •  Nigeria

Coram
THERESA NGOLIKA ORJI-ABADUA JCA; ITA G. MBABA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering the Leading Judgment): The Appellants, (for themselves and on behalf of heirs of late Abdul Aziz Bako) instituted a legal proceeding against the Respondent before the Kaduna State High Court by a Writ of Summons dated the 10th January 2011. Then, by the Statement of Claim dated the 3rd January, 2011 the Appellants sought the following reliefs against the Respondent:

"1. A declaration that the Plaintiffs, being the heirs of late Abdulazeez Bako, are the ones entitle (sic) to the exclusive possession enjoyment and title to that marshy land situate at Shika village, Igabi Local Government of Kaduna State which shares boundaries thus: to the East is a stream; to the West is a River; to the South is River and to the North is farm land of Mallam Sule.

2. A perpetual injunction restraining the defendant, his agents, servants, privies or anyone claiming from or through him from entering or further entering the said farm land.

3. Sum of N250,000.…

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