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ALHAJI AHMADU BELLO v. HAJIYA HAFSAT BIRMA

(2014) JELR 36197 (CA)

Court of Appeal  •  CA/K/219/2007  •  9 Apr 2014  •  Nigeria

Coram
DALHATU ADAMU JCA; ITA GEORGE MBABA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

DALHATU ADAMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of High Court of Kaduna State per Hon. Tanimu Zailani, delivered on 20/12/2005.

The appellant instituted the action claiming in the amended Statement of Claim the following:-

(1) A DECLARATION that the plaintiff is the rightful and beneficial owner of the property known and described as No.30 Conakry Avenue, Malali Low Cost, Kaduna.

(2) AN ORDER that the Defendant should forthwith vacate and deliver up possession of the said property to the plaintiff.

(3) A PERPETUAL INJUNCTION restraining the defendant more particularly her agents, servants, privies or anyone claiming through her by any authority expressed or implied from further trespassing or taking possession or doing any act or thing inconsistent with the right and interest of the plaintiff over the property herein before described.

(4) DAMAGE OF MESNE profit at the rate of N50,000.00 per annum commencing from November, 1993 until poss…

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