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MALLAM ALI KANO v. ALHAJI NUHU MAIKAJI

(2011) JELR 33130 (CA)

Court of Appeal  •  CA/K/359/04  •  16 May 2011  •  Nigeria

Coram
THERESA NGOLIKA ORJI-ABADUA JCA; JOSEPH TINE TUR JCA; OBANDE F. OGBUINYA JCA;

Judgement

THERESA NGOLIKA ORJI-ABADUA, J.C.A (Delivering the Leading Judgment): By the Amended Statement of Claim dated 16/11/99 but filed on 2/12/99 in suit No. KDH/KAD/353/99 at the High Court of Kaduna State, the Respondent, claimed against the Appellant, as follows:

1. An order of Court Declaration that plot W.20B Rama Road, now plot 17B Danwaka Road, Kawo Kaduna belongs to the Plaintiff and not the Defendant.

2. An order of perpetual injunction restraining the Defendant, its agent, servant and or assigns from further trespass into the Plaintiff property.

3. An order of Court compelling the Defendant to issue the Plaintiff with all necessary documents of title for the portion sold to the Plaintiff by the Defendant in 1966" .

The Appellant for his part, filed an Amended Statement of Defence, in which he counter-claimed as follows:

"(i) A Declaration that the Plaintiff having denied the Defendant's over lordship over the piece of land in dispute forfeits his right to stay on the said piece o…

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