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PASTOR JAMES NDUKA & ORS v. ALH. ABDULMUMUNI SULE

(2013) JELR 40989 (CA)

Court of Appeal  •  CA/K/96/2010  •  9 Dec 2013  •  Nigeria

Coram
THERESA NGOLIKA ORJI-ABADUA JCA; ITA G. MBABA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering the Leading Judgment): The Appellant instituted an action against the Respondent claiming thus:

"1. A declaration that the Plaintiffs are the lawful and beneficial owners of the individual plots of land where they partly built individual dwelling houses and occupy same located at New Extension Area near water board pipe line U/Pama area of Kaduna.

2. A declaration that any purported Certificate of Occupancy, copy of judgment of any lower court if any including any title documents purportedly or allegedly being held by the defendant over the disputed plots of land is or are invalid, null and void having been irregularly obtained or issued and an order of this Court setting same aside.

3. An injunction restraining the defendant by himself, his agents, privies or assigns through whosoever, from harassing, tempering with, trespassing into or in any manner whatsoever disturbing the Plaintiffs quite exclusive possession, control and ownership …

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