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ALHAJI AHMED ADAMU MU'AZU v. ADAMU TUKUR

(2018) JELR 38462 (CA)

Court of Appeal  •  CA/J/217/2016  •  7 Jun 2018  •  Nigeria

Coram
ADAMU JAURO JCA; UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

ADAMU JAURO, J.C.A. (Delivering the Leading Judgment): The instant appeal is against the ruling of the Borno State High Court of Justice delivered on 31st May, 2016 by Hon. Justice A.G. Kwajaffa in Suit No. BOHC/MG/CV/29/2013.

The facts giving rise to this appeal can be summarized as follows. The appellant as claimant before the trial Court sued the respondent as defendant claiming for declaration of title over property situate at No. 8, Ahmed Gonimi Road, Old GRA. Maiduguri and covered by Certificate of Occupancy No. BO/45100 issued by the Borno State Government. The case of the appellant from the pleadings was that he was sold the property by Borno State Government and issued with a Certificate of Occupancy No. BO/45100 of 15th February, 2005. The appellant averred that when he moved to renovate the property, he found the defendant on the land committing acts of trespass and has refused to vacate the place despite all entreaties. The respondent as defendant averred that while in serv…

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