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ALHAJI HABIB BAKO v. MALLAM SAMAILA MAI-ADASHI

(1996) JELR 43606 (CA)

Court of Appeal  •  CA/K/182/94  •  2 Dec 1996  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; MAHMUD MOHAMMED JCA; IBRAHIM TANKO MUHAMMAD JCA;

Judgement

OGEBE, J.C.A. (Delivering the Leading Judgment): The appellant sued the respondent in the High Court of Justice Kaduna claiming as follows in paragraph 17 of the Statement of Claim:-

"Whereof the plaintiff claims right of way over the passage on the left hand side of plot B. 12 Ibrahim Taiwo Road, Kaduna which the defendant claims forms part of his land, a right to light and declaration that the plaintiff is the owner of the said passage and he is so entitled to those reliefs.

The plaintiff also claims a perpetual injunction restraining the defendant, his successors in title and assignee from preventing it obstructing the plaintiff in the exercise of the rights claimed."

The trial court gave judgment in its concluding part as follows:-

"I accordingly find merit in the plaintiff's claim and it succeeds but only with regards to his right of way over the passage on the left hand side of plot B. 12, Ibrahim Taiwo Road, Kaduna which passage goes through the defendant's plot, that is, plot …

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