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ALHAJI ISA BUKA & ORS v. KAMSELEM LAWAN

(2017) JELR 37447 (CA)

Court of Appeal  •  CA/J/264/2016  •  2 Aug 2017  •  Nigeria

Coram
UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU JCA;

Judgement

ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, J.C.A.(Delivering the Leading Judgment): The High Court of Justice of Borno State Maiduguri, by Hon. Justice H. Y. Mshelia on June 14th 2016, gave judgment to the Respondent (Plaintiff at the Court below) in all the reliefs sought wherein, the Respondent was declared the rightful holder of the right of occupancy covered by the certificate of occupancy No.BO/ 4863.

The following were the reliefs sought at the Court below:

1. A declaration that the certified true copy of certificate of occupancy No. BO/4863 being issued to Alhaji Mala Danhaya dated 14th October 1981 is valid and subsisting.

2. An order to direct the Defendant to surrender the original Certificate of Occupancy No BO/4863 to the Plaintiff immediately to avoid further deceit of members of the public.

3. An order to declare the Claimant as the rightful and lawful owner of the land in dispute.

4. An order to restrain the Defendant either by themselves or through their agents, privies or whoev…

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