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MALTILDA KWASHI V. JULIUS B. PUSMUT

(2009) JELR 33618 (CA)

Court of Appeal  •  CA/J/16/2002  •  14 Jul 2009  •  Nigeria

Coram
ZAINAB ADAMU BULKACHUWA OFR JCA; JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA; JCA; ABUBAKAR DATTI YAHAYA JCA;

Judgement

ZAINAB ADAMU BULKACHUWA, J.C.A. (Delivering the leading judgment): By a writ of summons filed on 10th May, 1993 before the High Court of Justice Jos, Plateau State, the respondent as plaintiff initiated this action before the said court against the defendant/appellant wherein by a further Amended Statement of Claim dated 22/6/1998 the following reliefs were claimed;

(1) A DECLARATION that the acts of the 1st defendant constitute a breach of contract thus entitling the plaintiff to cancel or revoke the transaction in respect of No.4 Hwolshe Gigiring Jos as he did.

(2) A declaration that the plaintiff has been is and remains the lawful owner of the property in issue R of O No. PL4741.

(3) An order requiring the 1st defendant to hand over the title documents particularly the R of o No. PL4741, to the plaintiff.

(4) An order compelling the 1st defendant to refund all the sums of money received by her as rent on the plaintiff's said property, or such other sum as the court may determined …

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