HAJIYA MAIMUNA GARBA & ORS. V. ALHAJI BABA PATE ZARIA
(2005) JELR 45259 (CA)
Court of Appeal
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CA/K/74/2003
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3 May 2005
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Nigeria
Coram
MAHMUD MOHAMMED JCA;
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA;
ABUBAKAR ABDULKADIR JEGA JCA;
BABA ALKALI BA'ABA JCA;
Appearances
A. A. Masanawa, Esq. For Appellant
E. C. Aneme, Esq. For Respondent
Judgement
<p>KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment): The appellants herein who were plaintiffs in suit No. KDH/KAD/254/93 before the Kaduna State High Court sued the respondent, who was the defendant/counter-claimant seeking the following reliefs as contained in paragraph 12 of their amended statement of claim dated 25th March, 1997, at page 47 of the printed record:</p><p> (a) "A declaration that they have and are entitled to the right of occupancy in and over the piece of land and property known as No. V. 10 Ahmadu Bello Way, Kaduna.</p><p> (b) A declaration that the purported purchase of the 3 (three) rooms in the said property No. V. 10 Ahmadu Bello Way, Kaduna, is illegal, null and void and contrary to the principles of both Islamic Law and Land Tenure Law/Act.</p><p> (c) Perpetual injunction against the defendant by himself, his agents or privies from trespassing or further trespassing into the said plot No. V. 10 Ahmadu Bello Way, Kaduna.</p><p> (d) The sum of N100,000.00 (One hundred thousand naira) onβ¦</p>