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ALHAJI ABUBAKAR MOHAMMED GWARZO V. ALHAJI AMEEN SULEIMAN MOHAMMED & ANOR

(2012) JELR 34671 (CA)

Court of Appeal  •  CA/K/11/2009  •  10 Jul 2012  •  Nigeria

Coram
ABDU ABOKI JCA; AHMAD OLAREWAJU BELGORE JCA; THERESA NGOLIKA ORJI-ABADUA JCA;

Appearances
A.A. Malami, S.A.N. with N.A. Dangiri Esq, Dr Maman Isah and A.K. Shawaki Esq. For Appellant O.E.B. Offiong, S.A.N. with K.B. Olawoyin Esq and A.T. Falole Esq., for 1st and 2nd Respondents For Respondent

Judgement

THERESA NGOLIKA ORJI-ABADUA, JCA (Delivering the Leading Judgment): The record of appeal before this Court depicts that the Appellant commenced legal proceedings against the Respondents before the Kano State High Court by way of originating summons dated the 10th September, 2007 and sought for the following declarations:

"(a) A declaration that the Judgment of this Honourable Court in Suit No. K/258/1993 delivered on the 31st January, 2000 is a nullity regard being had to the existence of the Judgment of this Honourable Court in Suit No. K/347/1992 delivered on the 27th day of November, 1992 which was valid and subsisting as at the time the judgment in Suit No. K/258/1993 was delivered.

(b) A declaration that as at the 31st day of January, 2000 the 1st Defendant's title over the property in contention has been extinguished and he could not have been adjudged to have any title or interest to pass over to the 2nd Defendant.

(c) A declaration that the Plaintiff's title over the property …

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