MRS. THOMAS MA'AJI V. ABDULLAHI BELLO SULEIMAN

AMINA AUDI WAMBAI, JCA (Delivering the Leading Judgment): This appeal arose from a summary Judgment delivered on 20/05/2015 by Hon. Justice H. T. D. Gwadah in respect of a claim for recovery of possession under Order 50 of the Kaduna State High Court (Civil Procedure) Rules, 2007 wherein Judgment was entered in favour of the Respondent against the Appellant.

The Respondent as Plaintiff before the Lower Court armed with 3 Judgments in suits No. KDH/KAD/445/96 delivered on 06/11/1997 by Hon. Justice James Abiriyi (as he then was), KAD/KAD/822/2003 delivered on 01/07/2004 by Hon. Justice Umaru Adamu and suit No. FCH/KD/CS/56/2005 delivered on 13/04/2006 by Hon. Justice A. M. Liman of the Federal High Court sitting at Kaduna, approached the Lower Court by an originating summons claiming the recovery of possession of House No. 86 B Jamaa Road, Shagari Low Cost, Barnawa Kaduna from the defendant, her agents, privies etc. and a mandatory injunction compelling the defendant to deliver vacant p…