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CONOIL PLC v. ALHAJI MOHAMMED INUWA DUTSE

(2016) JELR 36995 (CA)

Court of Appeal  •  CA/K/451/2013  •  11 Mar 2016  •  Nigeria

Coram
UWANI MUSA ABBA-AJI JCA; IBRAHIM SHATA BDLIYA JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA;

Judgement

UWANI MUSA ABBA-AJI, J.C.A. (Delivering the Leading Judgment):

This is an appeal against the judgment of the Kano State High Court, holden at Kano in Suit No. K/30/2013, delivered on 30/5/2013 by Hon. Justice Tani Yusuf Hassan (as he then was), wherein the Claims of the Respondent for determination of leaseholdwere granted.

The Respondent's Claims at the lower Court against the Appellant vide the Originating Summons dated and filed on 17/1/2013 contained at pages 2-4 of the records were as follows:

1. A declaration that the defendant's tenancy at the demised premise situate along Zaria/Kano-Maiduguri road, Kano,

expired 28th February, 2012 and by effluxion of time. 2. A declaration that the Defendant is by virtue of clause 2(f) of the indenture dated 9th April, 1973 and entered into between the plaintiff and the Defendant duly bound to give possession including the building erected thereon to the plaintiff upon the expiration of its lease on February 28, 2012.

3. An order mandating the Def…

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