DANJA M AISAJE MUSA BAWA V. UMARU HASSAN UM ARU BOKO
(2004) JELR 51473 (CA)
Court of Appeal
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CA/K/294/2002
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23 Apr 2004
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Nigeria
Coram
BABA ALKALI BA'ABA JCA (Presided and Read Lead Judgment) JOSEPH JEREMIAH UMOREN JCA ABUBAKAR ABDULKADIR JEGA JCA
Appearances
Garduya Gamiya Bawa, Esq. - for the Appellants.
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Ogbododiku Enock-Lucky, Esq. - for the Respondents. G
Judgement
<p><strong> BA'ABA JCA (Delivering the Lead Judgment): </strong> This is an appeal against the judgment of the Katsina State High Court holden in Malumfashi. The 1st and 2nd plaintiffs, herein 1st and 2nd respondents instituted an action against the 1st and 2nd defendants, herein 1st and 2nd appellantsclaiming as per paragraph 32 of their joint statement of claim as follows:</p><p>An order for specific performance of the agreement for sale of the 1st defendant’s house situated and lying at No. 6,</p><p>B.C.G.A. Road Fayamasa, Malumfashi presently housing Shagalinka Restraint.</p><p>ALTERNATIVELY: an order of the court affirming the agreement for sale of the 1st defendant’s house situated at No. 6, B.C.G.A. Road, Fayamasa, Malumfashi Restraint presently housing Shagalinku entered into between the 2nd defendant acting as agent for and on behalf of the 1st plaintiff and the 2nd defendant acting for and on behalf of the 1st defendant.</p><p>A perpetual injunction restraining the defendants, their agents, or whosoever claiming through t…</p>