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MALLAM ADAMU IBRAHIM & ORS v. ALHAJI ISA YA?ATA YUSUF

(2016) JELR 36946 (CA)

Court of Appeal  •  CA/K/238/2013  •  4 Mar 2016  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; ISAIAH OLUFEMI AKEJU JCA; IBRAHIM SHATA BDLIYA JCA;

Judgement

IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Kaduna State High Court (the Lower Court) in suit No.KDH/KAD/248/2012 delivered on the 14th of March, 2013. By a Writ of Summons and Statement of Claim the appellants (as plaintiffs) sought the following orders against the respondent (the defendant) at the Lower Court.

"(A) A DECLARATION that the pledge of two (2) rooms in the property No.YY.12 Kazaure Road, Kaduna made by the Plaintiffs' grandmother, Madam Fatima, in favour of the defendant's father has been amortized through receipts by way of rent collected by the defendant's father and the defendant from the property till date.

(B) AN ORDER releasing to the plaintiffs six (6) rooms being occupied by the defendant and his agents in the property by the reason of the said Pledge.

ALTERNATIVELY:

(c) A DECLARATION that the plaintiffs have an equitable right to redeem the pledge of the said two (2) rooms and accordingly that the priceā€¦

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