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ALHAJI A. A. KHALIFA V. MR. FRANK ONOTU & ANOR

(2016) JELR 48870 (CA)

Court of Appeal  •  CA/K/516/2014  •  23 Mar 2016  •  Nigeria

Coram
IBRAHIM SHATA BDLIYA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; AMINA AUDI WAMBAI JCA;

Judgement

IBRAHIM SHATA BDLIYA, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Kaduna State (hereinafter referred to as the lower Court) in suit No. KDH/KAD/1027/2012, delivered on the 22nd of October, 2014, by Justice HANNATU A. L. BALOGUN. Sometime in 2012, Alhaji A. A. Khalifa, (the appellant) instituted a suit against Mr. Frank Onotu and Opurum and Partners (the respondents), seeking the following reliefs:

"a. A declaration that the improvements or developments carried out on property No. 4, Galadima Road, Ungwan Rimi, Kaduna in the sum of ₦14 Million is for the purpose of advance payment for rent to the 1st defendant.

b. An order of this Court restraining the defendants themselves, their agents, privies or assigns or any person directly or by necessary implication whatsoever and howsoever from ejecting out, removing out, or parking out the plaintiff from property No. 4, Galadima Road, Unguwan Rimi, Kaduna pending the determination of this sui…

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