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MOH'D ABUBAKAR RIMI SABON GARI MARKET COMPANY LIMITED v. CHIJIOKE OKEKE

(2017) JELR 37529 (CA)

Court of Appeal  •  CA/K/452/13  •  10 May 2017  •  Nigeria

Coram
OBIETONBARA O. DANIEL-KALIO JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA; AMINA AUDI WAMBAI JCA;

Judgement

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Justice, Kano State, delivered by Hon. Justice M.S. Mato on the 18th December 2012 refusing to set aside his default Judgment entered against the Appellant. Aggrieved by this decision, the Appellant filed a Notice of Appeal on 27/12/12.

The facts leading to this appeal, are that the Respondent, as Plaintiff before the lower Court, filed an action against the Appellants, Defendant therein, seeking, by his Statement of Claim dated 21/12/11, the following reliefs:

1. A declaration that the purported revocation of the Plaintiff's shop No. M219 at Muhammadu Abubakar Rimi Market Sabon Gari, Kano by the Defendant is unlawful, ultra vires null and void.

2. An order of Court setting aside the said revocation of the Plaintiff's ownership of shop No. M219 at Muhammadu Abubakar Rimi Market Sabon Gari, Kano.

3. An order directing the Defendant to immediately restore th…

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