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ALHAJI SALISU ALARAMA RIMIN GADO v. ALHAJI RABIU ILIYASU

(2014) JELR 33096 (CA)

Court of Appeal  •  CA/K/187/2004  •  28 Apr 2014  •  Nigeria

Coram
ABDU ABOKI JCA; ITA GEORGE MBABA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Kano State High Court in Suit No K/275/1998 delivered by Honorable Justice M. A. Haliru on the 24th of July 2003. The Respondent, as plaintiff, commenced the action in the lower Court against the Appellant, as defendant, by a writ of summons dated the 13th of May, 1998 and his claims were for:

i. A declaration that the Plaintiffs tide to the house of Rimin Gado at R/Gado Local Government is valid and subsisting.

ii. A declaration that the purported sale of the Plaintiffs house to the Defendant is illegal, null, void and of no effect.

iii. An order of perpetual injunction restraining the Defendant whether by themselves, their servants, agents, privies or whatsoever from trespassing or interfering with the Plaintiffs title and exclusive possession of the said house.

The Appellant counterclaimed against the Respondent as follows:

i. A declaration that the Defendant has acq…

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