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KULLOMA v. MODUBE & ORS

(2021) JELR 106994 (CA)

Court of Appeal  •  CA/G/94/2018  •  17 Mar 2021  •  Nigeria

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

Judgement

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Judgment of the High Court of Justice, Borno State in Suit No. BOHC/MG/CV/41/2015, delivered on November 15, 2016 by Adamu Z. Musa, J.

By a specially endorsed Writ of Summons and Statement of claim, the Appellant, as Plaintiff before the lower Court, claimed as follows from the Respondents, now Defendants:

a) “A declaration that the Claimant’s family is the rightful owner and has title, interest and rightful (sic) over that piece of land situated at Gwange III, New GRA, Bama Road Maiduguri, Borno State.
b) A declaration that the 2nd Defendant have (sic) no title, interest or right over that piece of land situated at Gwange III, New GRA, Bama Road Maiduguri, Borno State.
c) A declaration that the 2nd Defendant’s act of selling the piece of land at Gwange III, New GRA Maiduguri Borno State to the 1st Defendant was illegal and void.
​d) Perpetual injunction restraining the Defendants by themselves or t…

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