HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision contained in the Ruling of the High Court of Kano State delivered in Suit No K/468/2007 by Honorable Justice N. S. Umar on the 13th of March, 2010.
The first Respondent was the claimant in the lower Court and he commenced the action against Living Christ Mission, and the Appellant and the second Respondent as the first, second and third defendants respectively. The claims of the first Respondent were for:
i. A declaration that the property, No 9 Warri Road, Sabon Gari Kano, not having been alienated by J.O. Nwokolo up to the time of his death on 2nd July, 1978 devolved unto his family as family property and still remained family property to date.
ii. An order setting aside any purported sale, transfer or alienation of the property No 9 Warri Road Sabon Gari, Kano and registration of title thereto if any in favour of the Living Christ Mission and the Appellant.
iii. An order agains…