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MADAM SARAH OSCAR & ANOR v. MALLAM MANSUR ALIYU ISAH

(2014) JELR 36441 (CA)

Court of Appeal  •  CA/K/336/2007  •  30 Jun 2014  •  Nigeria

Coram
ISAIAH OLUFEMI AKEJU JCA; H. A. O. ABIRU JCA; O. A. ADEFOPE-OKOJIE JCA;

Judgement

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Kaduna State, holden at Kaduna delivered on 28/7/2006 in Suit No. KDH/KAD/498/2003 commenced by one Mallam Aliyu Isah as the Plaintiff against the two appellants as the defendants and for the reliefs endorsed on the writ of summons filed on 18/7/2003 and averred in paragraph 8 of the statement of claim filed on 17/10/03 as follows:-

1. A DECLARATION that by virtue of an agreement dated September 14, 2002 the first defendant transferred to the Plaintiff, all her interests, rights and titles in the one and a half rooms in the property known and situate at No. 22 Yanbanga Road, Ungwar Shanu, Kaduna for valuable consideration.

2. A DECLARATION that the action of the first defendant in purportedly selling or transferring the said rooms to the second defendant in November 2002 was illegal, null, void and of no effect.

3. AN ORDER setting aside the purported sale of the sa…

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