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DR. ABDU HO v. MUSTAPHA ABUBAKAR & ORS

(2016) JELR 33394 (CA)

Court of Appeal  •  CA/K/25/2008  •  13 May 2016  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; IBRAHIM SHATA BDLIYA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

UWANI MUSA ABBA AJI, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Kaduna State High Court holden at Kaduna in Suit No.KDH/KAD/668/1999, delivered on 7/11/2006 by Hon. Justice T. Zailani J, now Chief Judge of Kaduna State, wherein the claims of the 1st and 2nd Respondents were granted.

The 1st and 2nd Respondents' Claims at the lower Court against the Appellant vide a Statement of Claim dated 12/11/1999 and filed on 18/11/99 contained at pages 39-44 of the records were as follows:

1. A DECLARATION that the 1st Plaintiff having being duly and validly allocated the piece of land situate and lying at Plot No. AR 8 Attahiru Road, Malali Kaduna is entitled to right of Occupancy over same as evidenced by the Statutory Right of Occupancy No. KD. 5266 executed by the 1st Defendant on the 22/3/98,

2. A DECLARATION that the 1st defendant or its agents/agencies can only validly revoke the 1st Plaintiff's right of Occupancy and the title in the said property si…

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