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MR. JOSHUA OTO MR. DANIEL OCHEPO MR. GABRIEL OYIBO MR. SAMUEL BAKO MR. JONAH ODOBA MR. DANIEL U. OKOLO PASTOR M. ONU V. MR. J. M. ADOJO MR. J. E. APEH MR. P. I. EBIKWO MR. S.O. EJIGBO MR. J. M. OCHENI THE MILITARYGOVERNOR OF KADUNA STATE ATTORNEY-GENERALOF KADUNA STATE

(2003) JELR 52785 (CA)

Court of Appeal  •  CA/K/205/2000  •  20 Jan 2003  •  Nigeria

Coram
MAHMUD MOHAMMED, JCA (Presided) BABA ALKALI BA'ABA, JCA JOSEPH JEREMIAH UMOREN, JCA (Read the Lead Judgment)

Judgement

UMOREN, JCA (Delivering the Lead Judgment): The appellants and 6th and 7th respondents were the defendants in the court below and the 1st to 5th respondents were the plaintiffs in suit No. KDH/KAD/322/88 before the High Court of Kaduna State before the Honourable R. H. Cudjoe J. wherein she entered judgment for the plaintiffs against the defendants dated 20/4/2000.

Dissatisfied with the judgment of the lower court, the 1st to 7th defendants have appealed to this court on numerous grounds of appeal.

The plaintiff claim as per paragraph 17 of their amended statement of claim is as follows:-

“17 And the plaintiffs claim against the defendants jointly and severally for:-

A declaration that the original certificate of occupancy A No. NC. 15015 issued in the name of Niger Church of Christ covering the land and premises in dispute which was in the possession of theplaintiffs who had developed the land still subsists to the benefit of the plaintiffs as the purported revocation of the said certi…

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