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EMEKA OKOLI & ORS v. ALHAJI IBRAHIM GADAN GAYA

(2014) JELR 36585 (CA)

Court of Appeal  •  CA/K/161/2010  •  29 Apr 2014  •  Nigeria

Coram
ABDU ABOKI JCA; ITA GEORGE MBABA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Kaduna State in Suit No KDH/KAD/710/2010 delivered by Honorable Justice Tanimu Zailani on the 4th of May, 2010. The Respondent, as plaintiff, commenced the action in the Lower Court against the Appellants, as defendants, by an Originating Summons for Possession under the provisions of Order 50 of the High Court of Kaduna State (Civil procedure) Rules and he prayed for recovery of possession of property situate at Panteka and adjacent to the New Panteka Kaduna as depicted on the sketch plan of the area verged red and more particularly identified by the boundaries it shares with the shops/plot of Murtala painter, Abubakar, Samuel Panel Beater, Sule Panel Beater, Fatayi Panel Beater, etc on the ground that he is entitled to possession and that the persons in occupation are in occupation without his licence or consent. The Respondent raised two questions on th…

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