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LT. COL ABDULLAHI DAN' ASABE (RTD) & ANOR v. ALH. IBRAHIM BABALE

(2013) JELR 35300 (CA)

Court of Appeal  •  CA/K/62/2007  •  10 Dec 2013  •  Nigeria

Coram
THERESA NGOLIKA ORJI-ABADUA JCA; ITA G. MBABA JCA; HABEEB ADEWALE ABIRU JCA;

Judgement

ITA G. MBABA, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of the Kano State High Court in suit No. K/430/2000, delivered on 21/12/2004 by HON. JUSTICE SAKA YUSUF, as he then was, whereof his lordship entered judgment for the Plaintiff as the legal and lawful owner of the property in dispute, restrained 1st Defendant his servants, agents, privies and assigns from trespassing or continuing to trespass on the land and granted N500,000.00 damages to the Plaintiff against the 1st Defendant.

The two Appellants and two other persons were the Defendants at the Lower Court in the suit filed by the Respondent (plaintiff at the Lower Court) for the following reliefs:

1. A Declaration that the plaintiff is the legal and lawful owner of the piece of property and appurtenance situate and lying along Mallam Bakatsina Road, Nasarawa Quarters Kano State and covered by Kano State Certificate of Occupancy No. LKN/RES/95/2422.

2. A Declaration that the 1st, 2nd and 3…

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