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AMINU IYA PATE v. IDRIS SALEH MUHAMM

(2016) JELR 41738 (CA)

Court of Appeal  •  CA/K/123/2013  •  29 Apr 2016  •  Nigeria

Coram
IBRAHIM SHATA BDLIYA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA;

Judgement

IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Justice Kaduna State (the lower Court) in suit No. KDH/Z/16/2008, delivered on the 1st of August 2012, by Bello J. The respondent, as plaintiff, at the lower Court instituted suit No. KDH/Z/16/2008 against the appellant who was the defendant seeking for a declarative relief and an injunction order over a parcel of land lying and situate at No. 20 Sambo Kwasallo Road TPO 661 Gaskiya Mixed Commercial/Residential Layout, Zaria, Kaduna State. The respondent's case was that the parcel of land in dispute was originally allocated to Ibrahim Lawal Ibrahim who sold same to Abdulkadir Sallah Zuntu which he purchased vide a sale agreement. In 2007 he discovered that the appellant encroached on to the land. He did all he could to stop him from further trespassing to the land to no avail.

The appellant claimed that the original title holder of the disputed parcel of land sold …

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