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ALHAJI LAWAL DARE V. ALHAJI BASHIR Y. GUSAU ECOBANK OF NIGERIA PLC SOKOTO STATE DEVELOPMENT FUND

(2013) JELR 53468 (CA)

Court of Appeal  •  CA/S/98/2009  •  26 Mar 2013  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA (Presided and Read the Lead Judgment) AHMAD OLAREWAJU BELGORE JCA JAMES S. ABIRIYI JCA

Judgement

ABDULLAHI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Zamfara State High Court of Justice, Coram

Kulu Aliyu (CJ) delivered on 5 July 2006 wherein the learned trial judge held inter alia thus: “This court therefore found the plaintiff has established his reliefssought. Accordingly, judgment is hereby given in favour of the plaintiff. The auction sale carried out by the 1st defendant in respect of the plaintiff’s properties along Kano Road Sokoto and Zaria Road Gusau covered by Certificates of Occupancy Nos. NW 478 and GUS 449, which properties were sold to the 2nd and 3rd defendants in flagrant disobedience of the court order is hereby set aside. Having set aside the sale, the 2nd and 3rd defendants’ counterclaim cannot stand.”

Aggrieved by this decision, the appellant who was the 3rd defendant in the court below approached this court and filed a notice of appeal consistingof one ground of appeal and sought for the following reliefs against the r…

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