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MALLAM MALA GADZAMA & ANOR V. COLONEL GARBA ADAMU & ORS

(2014) JELR 42347 (CA)

Court of Appeal  •  CA/J/71/2011  •  3 Dec 2014  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA JOSEPH TINE TUR JCA ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU JCA

Appearances
P. A. Bello, Esq. For the Appellant; M. E. Oru, Esq. with Dr. B.A. Bukar, Esq. for the 1st respondent; U.D. Yerima, DDLC (Ministry of Justice, Borno State) for the 2nd and 3rd respondents.

Judgement

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): Moh'd Mustapha, J., sitting in the High Court of Justice, Borno State holden at Maiduguri, delivered judgment in favour of Colonel Garba Adamu (Rtd) "the respondent" against (1) Mallam Mala A. Gadzama (2) Hajiya Yagana Alkali Muazu (3) the Honourable Commissioner for Lands and Survey, Borno State and (4) Hon. Attorney-General, Borno State as defendants, called "the appellants" in this appeal. The subject matter in dispute was a burnt down property No.F11 Bama G.R.A., Maiduguri, Borno State belonging to the Borno State Government. The respondent and the 1st appellant claimed they had at one time or the other, purchased the property from the Borno State Government. Each claimed to be entitled to a statutory Certificate of Occupancy from the Borno State Government. According to the respondent the transaction started in April, 1997 when he paid N2,000.00 for the processing of the documents relating to the purchase of the property.…

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