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ALHAJI ABDULKADIR DAN MAINAGGE V. ALHAJI ABDULKADIR ISHAKU GWAMMA

(2004) JELR 44985 (SC)

Supreme Court  •  SC.19/1998  •  16 Jul 2004  •  Nigeria

Coram
UTHMAN MOHAMMED JSC; ANTHONY IKECHUKWU IGUH JSC; UMARU ATU KALGO JSC; IGNATIUS CHUKWUDI PATS-ACHOLONU JSC; SUNDAY AKINOLA AKINTAN JSC;

Judgement

PATS-ACHOLONU, J.S.C. (Delivering the Leading Judgment): The appellant in this case who was a defendant in the High Court has appealed to this court against the judgment of the Court of Appeal which confirmed the judgment of the High Court. The respondent as a plaintiff had instituted an action against the appellant claiming as follows:

(a) An order of the court to declare that the house with certificate of occupancy No. NE/1647 situate at G.R.A. Gombe that the plaintiff is the bona fide owner or has title over the said house.

(b) An order of the court ejecting all the defendants from the said house.

(c) Payment of the cost of this action dated this 3rd day of February, 1992.

His case is that he bought a property from the appellant who had bought from one Danladi Muazu and who purchased from the original leasee Alhaji Sale Tango who was granted the certificate of occupancy in respect of that property which was transferred to him by the appellant. It was his case that he asked the …

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