MR. FLORENCE CHIOMA NWOKOLO V. MRS. PATRICIA CHIZOBU NWOKOLO

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kano State delivered by Hon. Justice Tani Yusufu Hassan on 19th December, 2008.

By a Writ of Summons together with an Amended statement of Claim dated 22nd July, 2005, the Respondent as Plaintiff claimed against the Appellant as Defendant as follows:

1. A declaration that he is the lawful owner of his own portion of the said building at No. 5, Emir Road, Kano.

2. A perpetual injunction restraining the Appellant/Defendant, his privies, servants and/or agents from threatening to eject or ejecting the Respondent/Plaintiff from No. 5, Emir Road, Kano.

3. And cost of the action.

The Appellant/Defendant on the other hand filed a Statement of Defence and counter-claim wherein he counter-claimed against the Respondent/Plaintiff as follows:

1. A declaration that the Estate of late Chief Bartholomew Nwokolo was shared after his death amongst his children on 20th April, 2001…