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MOHAMMED DANBALA DODO DAHIRU DANBALA DODO (Suing as legal representative of the estate of late Alhaji Danbala) V. ALHAJI ABDULLAHI SALANKE

(2005) JELR 56997 (CA)

Court of Appeal  •  CA/K/367/04  •  24 Nov 2005  •  Nigeria

Coram
BABA ALKALI BA'ABA JCA (Presided) STANLEY SHENKO ALAGOA JCA KUDIRAT M. O. KEKERE-EKUN JCA (Read the Lead Judgment)

Judgement

KEKERE-EKUN JCA (Delivering the Lead Judgment): The appellants herein, as plaintiffs in suit No. KDH/KAD/661/99 before the Kaduna State High Court, sued the respondent as defendant seeking the following reliefs as contained in paragraph 11 of their statement of claim dated 25th October, 1999 at page 2 of the printed record:

“A declaration that there is a valid and subsistingcontract of sale/assignment of the property situate and lying at plot No. 24AEast Ilorin road,AliAkilu Estate, Marafa Kaduna between the late Alhaji Danbala Dodo and the defendant. An order for specific performance of the said contract for the sale/assignment of the property situate at plot No. 24A East Ilorin road, AliAkilu Estate, Marafa Kaduna.

An order of injunction in perpetuity restrainingthe defendant from purportingattemptingto resell or assign the said property to 3rd parties.” The defendant filed a 13-paragraphed statement of defence dated 7th April, 2000 and joined issues with the plaintiffs on their cla…

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