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IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Leading Judgment): By a writ of summons and statement of claim the respondent (as plaintiff) instituted suit No. K/201/2004 at the High Court of Justice, Kano state (the lower Court) seeking the following reliefs:
"1. A declaration that the retention or non-release of the plaintiffs Certificate of Occupancy No. LKN 6430 (RES/RC/53/1795) by the defendant after the liquidation of the plaintiff's indebtedness to it with respect to Current Account No. 363000767G is illegal and unlawful.
2. A directive of Court ordering the defendant to release to the plaintiff the Certificate of Occupancy No. LKN 6430 (RES/RC/531795), forthwith.
3. N500,000.00 general damages for illegal and unlawful retention of the Certificate of Occupancy No. LKN 6430 (RES/RC/531795).
4. Cost of this action"'
The writ of summons together with the statement of claim was served on the appellant (then defendant). The appellant failed and or neglected to enter appearance nor did he fâŚ