HAJIYA FANTA KUR & ORS. V. ALI KINDIL FANNAMI

ABUBAKAR DATTI YAHAYA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the Borno State High Court in its appellate jurisdiction, delivered on 15th day of December, 2005, affirming the decision of their trial Upper Area Court 1, Borno.

On the 15th of May, 2001, the complainant Ali Kindil Fannami, now the respondent; lodged a complaint before the Borno Upper Area Court 1, against the defendants Hajja Fanta Kur, Bulama Kaka and Alhaji Modibbo who are now the appellants, praying the trial court to set aside the sale of the house belonging to Hajja Fanta, to Alhaji Modibbo. He alleged that he had been living in the house for 14 years and was paying rent. Hajja Fanta (1st appellant) requested him to stay in it and promised to sell it to him any time she evinced an intention of selling the house. He was therefore taken aback when the 2nd appellant asked him to vacate the house as it had been sold to the 3rd appellant. Hence, his complaint to set aside the s…