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CHIEF (MRS.) BRIDGET IHUNDE MR. HENRY MICHAEL IHUNDE (ADMINISTRATRIX AND ADMINISTRATOR OF LATE CHIEF MICHAEL IHUNDE TRADING UNDER THE NAME AND STYLE OF MIBRA TRADING COMPANY) V. SAMSON ROGER NIG. LTD.

(2000) JELR 54796 (CA)

Court of Appeal  •  CA/K/152/98  •  4 Jul 2000  •  Nigeria

Coram
R. D. MUHAMMAD, JCA (Presided and Read the Lead Judgment) MAHMUD MOHAMMED, JCA OLUDADE OLADAPO OBADINA, JCA

Appearances
Kayode Olatunji, for the Appellants -*- O.E.B. Offiong, for the Respondent

Judgement

MUHAMMAD, JCA: (Delivering the Lead Judgment) The appellants, who were the plaintiffs at the lower Court, sued the respondent herein, among others, at the Kano High Court, claiming from the defendants jointly and severally the following reliefs:- “(a) A declaration that the plaintiffs’ title to the property at plot No. 201 City centre Kano, covered by certificate of Occupancy No. LKN/ COM/82/352 issued to the plaintiffs, is still subsisting, free from encroachment and trespass or interference by any of the defendants.

A declaration that the acts of the 1st, 2nd, 3rd defendants inclusive of persons unknown in invading and disturbing the plaintiff’s quiet possession viet arms is illegal unlawful and constitute trespass. General damages for trespass against the defendants jointly or severally. A perpetual injunction restraining the defendants whether by themselves agents, servants, privies or whosoever from interfering with or disturbing the plaintiffs’ exclusive possession of their pro…

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