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GERHARD HUEBNER v. AERONAUTICAL INDUSTRIAL ENGINEERING AND PROJECT MANAGEMENT COMPANY LIMITED

(2017) JELR 38189 (SC)

Supreme Court  •  SC.198/2006  •  7 Apr 2017  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; MARY UKAEGO PETER-ODILI JSC; KUMAI BAYANG AKA'AHS JSC; AMINA ADAMU AUGIE JSC; PAUL ADAMU GALINJE JSC;

Judgement

PAUL ADAMU GALINJE JSC (Delivering the Leading Judgment): The Appellant herein was the plaintiff at the Kaduna State High Court (hereinafter to be referred to as the trial Court). At paragraph 19 of his statement of claim dated 17th of May, 1995 and filed on the 24th of October, 1996, the appellant claimed against the Respondent, the following reliefs:-

i) A declaration that the Defendant holds the legal estate in the land at Kajuru bought by the plaintiff in its name upon a resultant trust to the benefit of the plaintiff.

ii) A declaration that the defendant is consequently obliged to comply with the instructions of the plaintiff in respect of the transfer of the legal estate in the said land.

iii) A declaration that the issue of certificate of occupancy in favour of the defendant in respect of the land does not affect the position of the defendant as Trustee nor that of the plaintiff as beneficiary of the legal estate.

iv) An injunction compelling the defendant to comply with the plaint…

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