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TIJJANI BALA v. ALHAJI SABO GWARAM & ORS

(2017) JELR 37539 (CA)

Court of Appeal  •  CA/J/53/2015  •  31 May 2017  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; ADAMU JAURO JCA; UCHECHUKWU ONYEMENAM JCA;

Judgement

UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Bauchi State High Court delivered on 21st May, 2014 in Suit No. BA/115/2012; wherein Hon. Justice A. H. Suleiman dismissed the Appellant's claims in its entirety and awarded the cost of N25,000.00 in favour of the 1st and 2nd Respondents.

By a writ of Summons dated 13th July, 2012, the Appellant as plaintiff sued the Respondents before the trial Court. The Appellant in his Statement of Claim claimed the following reliefs against the Respondents jointly and severally thus:

A) A DECLARATION that the purported transaction between the 3rd Defendant and the 2nd Defendant on one hand and between the 2nd Defendant and the 1st Defendant on the other hand over shop No. B-583 Kobi Street Bauchi when Suit No. CVA/32/2002 was still pending is null, void and of no effect whatsoever.

B) A DECLARATION that the Plaintiffs are the legal owners of shop No. B-583 Kobi Street, Bauchi is by virtue of ju…

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