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ALHAJI UBA GARBA v. ALHAJI BALA MAHMUDU YAKASAI

(2005) JELR 45146 (CA)

Court of Appeal  •  CA/K/12/2004  •  19 Dec 2005  •  Nigeria

Coram
BABA ALKALI BA'ABA JCA; STANLEY SHENKO ALAGOA JCA; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA;

Judgement

BABA ALKALI BA'ABA, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the Kano State High Court, sitting at Kano Judicial Division, holden at Kano, presided over by Aliku, J, delivered on 1st of June, 1998. The respondent who was the plaintiff at the trial court, took out a writ of summons against the appellant who was the defendant claiming the following reliefs:

"1. A declaration that he is the rightful owner of plot No.512 situate, lying and being at Baban Giji Quarters in Kano and covered by Certificate of Occupancy No.LKN/RES/86/1577.

2. A declaration that the occupancy permit No.5339 acquired by the defendant through one Alhaji Adamu Ado, purporting to be in respect of the said plot No.512, situate, lying and being at Baban Giji Quarters, Kano, is forged, null, void and of no effect whatsoever.

3. A mandatory injunction directing the defendant to uproot and evacuate the structures and fixtures he has now erected on the said plot No. 512, Baban Gi…

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