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ALHAJI MUKTHARI ABDULLAHI FAGGE V. ALHAJI HARUNA MUHAMMADU TUKUR ALHAJI UMAR ABDULMUMINI ALHAJI ABUBAKAR WURIN ALHAJI YAKUBU IDRIS

(2006) JELR 55771 (CA)

Court of Appeal  •  CA/K/300/04  •  6 Apr 2006  •  Nigeria

Coram
BABAALKALI BA’ABA JCA (Presided) KUDIRAT M. O. KEKERE-EKUN JCA (Read the Lead Judgment) OLUKAYODE ARIWOOLA JCA

Judgement

KEKERE-EKUN JCA (Delivering the Lead Judgment): The 1st respondent in this appeal, Alhaji Haruna Muhammadu Tukur, as plaintiff before the Kano State High Court, instituted an action against the appellant, Alhaji Mukthari Abdullahi Fagge, as 2nd defendant, the 2nd respondent, Alhaji UmarAbdulmumini, as 1st defendant, the 3rd respondent, Alhaji Abubakar Wurin, as 3rd defendant and the 4th respondent, Alhaji Yakubu Idris, as 4th defendant for the following reliefs vide paragraph 7 of his amended statement of claim:

“An order of specific performance for execution of a deed of assignment between the 2nd, 3rd and 4th defendants and the 1st defendant on the demised property.

An order of specific performance for execution of a deed of assignment between the 1st defendant and the plaintiff on the demised property. A declaration that the plaintiff is the rightful holder, occupier and beneficiary of the residential property at No. 252, Fagge D, Kano.

The total sum of N120,000.00 (one hundred and …

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