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ALHAJI ALI IBRAHIM v. S.P. OGBONNAYE JACOB (RTD) & ORS

(2017) JELR 37397 (CA)

Court of Appeal  •  CA/J/104/2014  •  11 Jul 2017  •  Nigeria

Coram
UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU. J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Borno State in Suit No BOHC/MG/CV/108/2011 delivered by Honorable Justice Mohammed Mustapha (as he then was) on the 18th of January, 2014. The action was commenced by the first Respondent, as plaintiff, against the Appellant and the second to the fourth Respondents, as first to the fourth defendants respectively, and his claims were for:

i. A declaration that the plaintiff was the holder of the rights and interest in and upon the premises known and described as No 8, El Kanemi Road, GRA Maiduguri, Borno State to the exclusion of any other person, the first defendant inclusive.

ii. A declaration that the plaintiff being the holder of the rights and interest in and upon the premises known and described as No 8, El Kanemi Road, GRA Maiduguri, Borno State is entitled to the statutory right of occupancy to the premises in dispute.

iii. A declaration that the first…

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