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ALH. TIJJANI LIMAZA & 2 ORS V. SHARU ALI MUHAMMAD & HAMISU ALI MUHAMMAD

(2023) JELR 110589 (CA)

Court of Appeal  •  CA/K/500/2019  •  3 Apr 2023  •  Nigeria

Coram
Ita George Mbaba JCA Boloukuromo Moses Ugo JCA Usman Alhaji Musale JCA

Appearances
S.J. GANI, ESQ. with him, ABDULLAHI MUKHTAR, ESQ. (who settled the brief) and M.M. BELLO, ESQ. for the Appellant(s) SULAIMAN SAIDU, ESQ. for the Respondent(s)

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the judgment of Kano State High Court in Suit No. K/124/2014, delivered on 19th February, 2019 by Hon. Justice Aisha Ya’u, wherein the trial Court only restrained the Appellants from further trespassing into the plots No. 74, 75, 76 and 77, adjudged for Plaintiffs (Respondents) as holders of exclusive possession.

At the trial Court, the Plaintiffs (now Respondents) had sought the following reliefs:

(1) A declaration that the Plaintiffs are the rightful and legal owners of plots 74, 75, 76 and 77 respectively lying and situate at Rimin Auzunawa Quarters of Ungogo Local Government, Kano State.

(2) A declaration that the purported purchase of the said plots by the Defendants is null and void, abinitio.(3) A perpetual injunction restraining the Defendants, their agents, privies or any other person acting for and on their behalf from disturbing the peaceful enjoyment and possession of the Plaintiffs regardin…

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