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ADAJI OJONYE v. ALHAJI SALISU IBRAHIM & ORS.

(2001) JELR 44263 (CA)

Court of Appeal  •  CA/K/68/98  •  28 Jun 2001  •  Nigeria

Coram
ISA AYO SALAMI JCA; RABIU DANLAMI MUHAMMAD JCA; VICTOR AIMEPOMO OYELEYE OMAGE JCA;

Judgement

RABIU DANLAMI MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The 1st respondent herein i.e Alhaji Salisu Ibrahim was the plaintiff at the lower court. He instituted an action at the Kaduna State High Court claiming the following reliefs:-

(a) As against the 1st, 2nd and 3rd defendants a DECLARATION that he is the lawful owner of the right of Occupancy over plot and property known as No. Z. 12 Jaji road (also known as Z.5 Jaji Road) Abakpa Kaduna.

b) AN ORDER directing the 1st defendant to refund to the plaintiff the total sum of N46,800.00 (forty six thousand, Eight hundred naira) only being the rent at N100.00 per room, per month for the 16 rooms covering the period August, 1991 to August, 1994.

c) AN ORDER restraining the 1st defendant from collecting or further collecting any rents or dues or monies from the tenants of the house No.Z. 12 Jaji Road (Known as No. 25 Jaji Road) Abakpa Kaduna."

It is only the 1st defendant, Adaji Ojonye, who is now the appellant that filed a stat…

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