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ADAMU GIDADO v. MALLAM SALISU LAWAL

(2014) JELR 36656 (CA)

Court of Appeal  •  CA/K/7/2012  •  20 Jan 2014  •  Nigeria

Coram
THERESA NGOLIKA ORJI-ABADUA JCA; ITA G. MBABA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering the Leading Judgment): The Respondent, a Chartered Accountant was stated to have purchased a property known and described as Plot No. 41, Road 'CF' Unguwan Dosa Residential Extension Layout, Kaduna, from one Patrick Nkan Yari via a Deed of Assignment dated the 13th March, 2003 executed between him and the said Patrick Nkan Yari. He obtained the original Certificate of Occupancy thereto and later instructed his then Counsel to perfect his title therein. The Government Approval was given for the said assignment of the remainder rights to him. He paid for the stamp duty and registration fees in the sum of N45,000.00 and N52,500.00 respectively. He was away between December, 2004 and December, 2007, and on his return, he discovered that the land had been trespassed upon by the Appellant. He immediately lodged a complaint against the same to the Ministry of Lands, Survey and Country Planning. Following that, he initiated a civil proceeding ag…

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