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ABDU MANYA v. ALHAJI ILIYASU IDRIS

(2000) JELR 43929 (CA)

Court of Appeal  •  CA/K/29/97  •  14 Mar 2000  •  Nigeria

Coram
ISA AYO SALAMI JCA MAHMUD MOHAMMED JCA OLUDADE OLADAPO OBADINA JCA

Judgement

SALAMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Tani Yusuf Hassan, J., of the Kano State High Court of Justice, sitting in Kano, in suit No. K/402/94 delivered on the 5th December, 1996, in an action brought by the Respondent, as the Plaintiff against the Appellant, as Defendant, claiming five declaratory reliefs and damages for trespass. Pleadings were filed, exchanged and settled at statements of claim and defence. The plaintiff testified on behalf of himself and called two other witnesses. On the other hand, the defendant testified and called four other persons as witnesses for defence. Learned Counsel for the respective parties addressed the Court. The learned trial Judge, in a reserved and considered judgment, found that the consideration for the contract of sale of land between the parties had failed and granted the Respondent possession of the property in dispute in addition to an award of ₦20,000.00 damages for trespass.

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