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KWARA CO-OPERATIVE FEDERATION & ORS v. ALHAJA TEMITOPE YUSUF

(2014) JELR 36378 (CA)

Court of Appeal  •  CA/IL/62/2012  •  17 Jul 2014  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; CHIDI NWAOMA UWA JCA; MUSA HASSAN ALKALI JCA;

Judgement

MUSA HASSAN ALKALI, J.C.A. (Delivering The Leading Judgment): This is an appeal against the judgment of Kwara state High Court of Justice Ilorin delivered by Hon. Justice M. A. Folayan on Tuesday the 13th day of March, 2012 wherein the trial court gave judgment against the appellants as claimed by the respondent/claimant in her writ of summons.

The claimants claim against the defendants jointly and severally are as follows-:

(a) A declaration that the defendants have no power or right to dispose, sell and or transfer the leased shop now known as Temitope food Restaurant situate and being at Ahmadu Bello way Behind B system supermarket, Ilorin Kwara State until after the expiration of the 10 years period agreed between them in the lease agreement dated 31st day of December, 2007.

(b) A declaration that the claimant cannot be ejected from her leased shop by the defendants or any other person deriving title from them until after the expiration of the period contained in the leased agreem…

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