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(2022) JELR 109940 (CA)

Court of Appeal  •  CA/K/439/2014  •  7 Oct 2022  •  Nigeria

Ita George Mbaba JCA Boloukuromo Moses Ugo JCA Abubakar Muazu Lamido JCA


BOLOUKUROMO MOSES UGO, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice of Kano State of 6th November 2013 in Suit No: K/316/2010 dismissing the case of the appellants as claimants and granting the counterclaim of 4th Respondent against appellants. The tussle in the case was about who between the 1st and 2nd appellant on one hand and 4th respondent on the other was the proper purchaser from 1st to 3rd respondents and their co-heirs of Late Alhaji Saminu Yantandu of the latter's house situate at Kwanar Jaba Quarters in Kano and covered by Certificate of Occupancy No: LKN/CON/RES/89/84. Appellants claimed the said property was improperly sold to 4th respondent by 1st to 3rd respondents in breach of an oral agreement 1st to 3rd respondents had with 1st and 2nd appellants through P.W.3 (Ward Representative of Jabar Ward) to sell same to 1st and 2nd appellants if 1st and 2nd appellants were able to complete within two weeks its 'agr…

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