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ALH. TIJANI MOHAMMED DANMALLAM v. MRS. R. A. IDAKULA

(2014) JELR 36565 (CA)

Court of Appeal  •  CA/J/231/2002  •  10 Apr 2014  •  Nigeria

Coram
ALI ABUBAKAR BABANDI GUMEL JCA; CHIOMA EGONDU NWOSU-IHEME JCA; IBRAHIM SHATA BDLIYA JCA;

Judgement

CHIOMA E. NWOSU-IHEME (Ph.D), J.C.A. (Delivering the Leading Judgment): The Appellant in this appeal was the plaintiff at the lower Court in an action he instituted against the Respondent as defendant claiming the following reliefs:

1) The sum of N80,000.00 arrears of mesne profit for being in use and occupation of the property situate at plots 15/16 Miango Road, Jos, Plateau State from the 27th day of December, 1991 to the date of filing the action.

2). The sum of N50,000.00 from the date of filing this suit against the Defendant until delivery thereof to the Plaintiff, the property situate and lying at plots 15/16 Miango Road, Jos, Plateau State, for being in use and occupation of the said property.

3). An order of Court that the defendant delivers up the property situate and lying at plots 15/16 Miango Road, Jos, Plateau State now being withheld by the defendant.

Pleadings were duly filed and exchanged. The matter went for trial before Damulak J, at the end of which the court enter…

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