MAL. ALMU MUSA MAL. AHMADU RUFAI V. ALHAJI BAKOJI ISA
(2000) JELR 51305 (CA)
Court of Appeal
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CA/J/267/99 .
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21 Nov 2000
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Nigeria
Coram
ALOMA M. MUKHTAR, JCA (Presided and Read the Lead Judgment) ISA ABUBAKAR MANGAJI, JCA IFEYINWA CECILIA NZEAKO, JCA
Appearances
Ahmed Ramat Mohammad, Esq. - for the Appellants .
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Bawa Pyiki, Esq. - for the Respondent .
Judgement
<p><strong> MUKHTAR, JCA (Delivering the Lead Judgment): </strong> The respondent’s claims in the High Court of Justice, Bauchi State, sitting at Bauchi as per his statement of claim are for the following reliefs against the appellants:- “(1) An order of specific performance against the 1st defendant.</p><p>An order setting aside the purported sale to the 2nd defendant of the house in dispute.</p><p>An order of perpetual injunction restraining the defendants , their servants, agents and or privies from disturbing the plaintiff in his use and or peaceful enjoyment of the said house.” In his statement of claim, the respondent, who was the plaintiff, briefly put his case as follows. That the appellant agreed to finance the completion of his house, after which he would occupy the house as a tenant until the amount advanced for the completion is exhausted as rent, when the plaintiff, will commence the payment of rent. As previously agreed, the 1st appellant approached the respondent that he intended to sell the house, and …</p>