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ALHAJI DAUDA IBRAHIM V. FIRST BANK OF NIGERIA PLC ALHAJI MUSA ABUBAKAR

(2013) JELR 56631 (CA)

Court of Appeal  •  CA/S/41/2011  •  4 Mar 2013  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA (Presided and Read the Lead Judgment)) AHMAD O. BELGORE JCA JAMES S. ABIRIYI JCA

Appearances
O. Nkanor, Esq. - for the Appellant. -*- Muhammed Adeleke, Esq. - for the 1st and 2nd Respondents.

Judgement

ABDULLAHI JCA (Delivering the Lead Judgment): This is an appeal against the decision of the Sokoto State, High Court of Justice holding at Sokoto, delivered on 25 January2011 by M. Umar (J) wherein the appellant’s A case who was the plaintiff in the court below was dismissed against the respondents herein. In the judgment appealed against, the learned trial judge held inter-alia thus: “ In the end, it is the view of this court that the plaintiff failed to adduce credible evidence before this court challenging the validity of the auction of the property covered by Certificate of Occupancy No.SS/1903. The end result therefore is that the claims of theplaintiff in its entirety have not been established and is therefore hereby dismissed for lacking in merit. No cost is awarded in this case.” Dissatisfied with the decision re-produced above, the appellant expressed so by filing a notice of appeal containing only one ground initially. By the leave of the court sought and granted on 16 N…

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