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AHMADU KWALLO & ORS v. MUHAMMAD ASHIRU ABBAS

(2016) JELR 36974 (CA)

Court of Appeal  •  CA/K/302/2012  •  4 Mar 2016  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; ISAIAH OLUFEMI AKEJU JCA; IBRAHIM SHATA BDLIYA JCA;

Judgement

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Kano State delivered on 30/3/2012 in Suit No. K/201/2004 instituted by the Respondent by means of the writ of Summons and statement of claim which were subsequently amended by the Amended Writ of Summons and Amended Statement of claim filed on 6/11/2005.

?The claim of the Respondent as plaintiff was for declarations, perpetual injunction and general damages of N1,500,000.00 against the appellants jointly and severally as defendants for trespass. The Respondent had claimed to be one of the sons/heirs of the late Alh. Abbas Sarkin Hausawa who was the holder of the Certificate of Occupancy No. LKN/COM/RC/85/15 covering Plot No. 52 plan No. KAN 545 at Katin Kwari Market Fagge Ta Kudu Fagge Local Government Area, Kano which consisted of buildings of flats, seven stores, 104 shops among other things with an undeveloped space which said property devolved on the entire heir…

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