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ALHAJI AMINU SURAJO FUNTUA v. DR. SALISU AHMAD INGAWA

(2016) JELR 46581 (CA)

Court of Appeal  •  CA/K/287/2014  •  23 Mar 2016  •  Nigeria

Coram
IBRAHIM SHATA BDLIYA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; AMINA AUDI WAMBAI JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Katsina State in Suit No. KTH/FT/42/2013 delivered by Honorable Justice Ibrahim M. Bako on the 12th of February 2014. The Respondent, as plaintiff, commenced the action in the lower Court against the Appellant, as defendant, by an Originating Summons dated the 14th of January, 2013 wherein he posed one question for determination, and this was:

"Whether the Appellant still maintained the ownership of the property situate and lying at Layin Makarbarta, Dandaji Area, Funtua covered by the Katsina State Government Certificate of Occupancy No. KT. 13938 having sold same to the Plaintiff via a Deed of Assignment executed on the 25th of April, 2010."

Consequent on the answering of the question, the Respondent claimed the following reliefs:

"i. A declaration that the Respondent is the rightful owner of the property situate and lying at Layin Makarbarta, Dandaji Area,…

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