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COMMUNITY DEVELOPMENT ORGANIZATION & ANOR v. IBRAHIM MOHAMMED

(2014) JELR 36337 (CA)

Court of Appeal  •  CA/K/130/2009  •  2 May 2014  •  Nigeria

Coram
ABDU ABOKI JCA; THERESA NGOLIKA ORJI-ABADUA JCA; ITA G. MBABA JCA;

Judgement

THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering the Leading Judgment): The Plaintiff initiated a civil proceeding against the Appellants before the Kano State High Court by an Amended Writ of Summons dated 12/10/2000 and signed as "pp Abdulhamid Kassim and Co. The Respondents' unsigned Amended Statement of Claim before the Lower Court shown at pages 166-168 of the record but which has the name of a Law Firm, i.e. Abdulhamid Kassim and Co. typed in the column for signature, contained the following reliefs against the Appellant:

a) That the first Defendant vacate and deliver up possession of No.126 on Plan No.TP/MB/60, Hausawa, Tudun Maliki district of Kano, Kano State.

b) An order that the 1st Defendant desist from their acts of trespass on the Plaintiffs plot No. 126 on plan No.TP/MB/60 Hausawa, which was duly allocated to the Plaintiff on the 9th day of May, 1997.

c) An order for Special damages to be paid to the Plaintiff for the 1st Defendant's act of trespass in the sum of N500,0…

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