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MRS. R. A. IDAKULA v. ALH. MOHAMMED ADAMU

(2000) JELR 44126 (CA)

Court of Appeal  •  CA/J2/69/99  •  13 Apr 2000  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JCA; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JCA; ISA ABUBAKAR MANGAJI JCA;

Judgement

CHUKWUMA-ENEH, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of Oyetunde, J. of the Plateau State High Court holden at Jos in the motion No. PLD/J774m/99 within the suit No. PLD/774/95 wherein he granted the sole relief sought in the said motion in these terms:

"I hold that this is the property sold to the applicant and which the applicant paid for.The applicant is therefore entitled to the order of possession that he is seeking and the same is hereby granted. The applicant is hereby granted possession forthwith of one bungalow attached with boys quarters at No.15 along Miango Road, Jos".

Aggrieved by the decision the defendant (as appellant) has appealed to this Court and raised 3 (three) grounds to meet it to wit:

1. "The learned trial Judge erred in law when he finally determined part of the substantive suit between the parties by his decision in the interlocutory application filed by the respondent."

PARTICULARS

(a) By his amended statement of claim d…

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