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ALHAJI MUSTAPHER KACHALLA V. ALHAJI TIJJANI BANKI & ORS

(2006) JELR 47383 (SC)

Supreme Court  •  SC.235/2005  •  24 Feb 2006  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; IDRIS LEGBO KUTIGI JSC; UMARU ATU KALGO JSC; DAHIRU MUSDAPHER JSC; WALTER SAMUEL NKANU ONNOGHEN JSC;

Judgement

MUSDAPHER, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Jos Division, delivered on the 13th of March, 2001 whereby the decision of the High Court of Borno State dismissing the appellant's claim was affirmed. Before the trial court, the appellant as the plaintiff in the amended statement of claim as per paragraph 9 thereof claimed thus:

(a) A declaration that he is the bona fide owner of the property, the subject matter of this suit.

(b) A declaration that the sale of his property is null and void and of no effect, and it be set aside and the property restored to him.

(c) A declaration that the judgment debtor before the above trial court has no interest or right in plaintiff's property.

(d) A perpetual injunction restraining all the defendants from interfering with the plaintiff's property including their agents, servants and privies.

(e) An award of ₦5,000.00 as damages against the defendants for trespass.

(f) Costs of this sui…

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