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MR. DAVID CHIDULUO & ORS V. MRS. MARY ATTANSEY & ANOR

(2019) JELR 91623 (CA)

Court of Appeal  •  CA/K/29/2016  •  28 Jun 2019  •  Nigeria

Coram
SAIDU TANKO HUSAINI, JCA OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, JCA JAMES GAMBO ABUNDAGA, JCA

Judgement

ABUNDAGA, J.C.A. (Delivering the Leading Judgment): At the High Court of Kano State, the plaintiffs/respondents caused a writ of summons to be issued against the defendants/appellants upon the claims endorsed on the said writ. The writ was issued on14th January, 2008. Against the claims endorsed on the writ the 2nd and 3rd defendants/appellants filed a joint statement of defence and counter-claim. This was filed on 24th May, 2010. The plaintiffs/respondents subsequently sought and amended their statement of claims by which they claimed as follows:

1st Plaintiff:

(a) A declaration that by virtue of the letters of administration granted to the plaintiffs on the 14th March, 2007 by the probative Registrar of this court the plaintiffs are solely and exclusively entitled to administer and manage the property situated at No. 13 Ibadan Road, Sabon Gari Kano as well as collecting rents from the tenants occupying the property.

(b) An order of perpetual injunction restraining the 1st defendant, hi…

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