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ALH. ABDULSALAM MUSTAPHA KACHALLA V. DR WALIA HAMMAN & FEDERAL MINISTRY OF POWER WORKS AND HOUSING

(2021) JELR 109419 (CA)

Court of Appeal  •  CA/J/360/2018  •  2 Jun 2021  •  Nigeria

Coram
Jummai Hannatu Sankey, JCA Tunde Oyebanji Awotoye, JCA Ebiowei Tobi, JCA

Judgement

EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Hon. Justice Haruna Y. Mshelia of the High Court of Justice Borno State delivered on 28/06/2018 in suit No: BOHC/MG/CV/03/17 - Dr. Walia Hamman v. Alhaji Abdulsalam Mustapha and Anor. The facts that culminated into this appeal are not complicated as there are common grounds or areas of agreement between the parties. The Appellant was the 1st Defendant at the lower Court while the 1st Respondent was the Claimant. The 1st Respondent instituted a suit via a Writ of Summons seeking among other reliefs a Declaration of title over the property known as No. BOFG/122, Plot No. 111 measuring 2847.65sqm Polo /Molai Road, GRA Maiduguri, Borno State which was allocated to him by the implementation Committee of the White Paper on the Commission of inquiry into the Alienation of Federal Government landed Properties (the Committee). The 1st Respondent served with the Federal Ministry of Agriculture and Rur…

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