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HAJJA FALMATA KULWA V. BUKAT TORBE & ORS.

(2012) JELR 34009 (CA)

Court of Appeal  •  CA/J/147/2002  •  29 Jun 2012  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; JUMMAI HANNATU SANKEY JCA; PHILOMENA MBUA EKPE JCA;

Appearances
Z. Hamza Esq. For Appellant No Respondent's brief as the respondent was not represented. For Respondent

Judgement

CLARA BATA OGUNBIYI, J.C.A. (Delivering the Leading Judgment): The Appellant before this Court was the Plaintiff at the trial Area Court Gamboru. Her claim against the Respondents bordered on an allegation that one Hajja Falmata Kulwa Kura (now late) gifted her (Hajja Falmata Kulwa Hana the Appellant herein) 2 rooms and a parlor in her house at Ngileruma Street of Limanti Ward, Maiduguri. That the Appellant now being a partner to the house in dispute challenged the sale of the other three rooms to Mallam Alhaji the 4th Respondent herein without her consent and permission as she had the first right of Pre-emption. The Plaintiff's/Appellant's claim succeeded before the trial Court and judgment was entered in her favour (pages 22-23 of the record of appeal). The Defendants who are now Respondents herein were aggrieved partly against the decision of the said trial Court on the confirmation on the aspect relating the gift. Hence they appealed to the Upper Area Court 1 (U.A.C) as evidenced …

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