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ALHAJI RABILU v. DR. ABDULRAHMAN USMAN

(2016) JELR 36994 (CA)

Court of Appeal  •  CA/K/268/2009  •  26 Feb 2016  •  Nigeria

Coram
HABEEB ADEWALE OLUMUYIWA ABIRU JCA OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA AMINA AUDI WAMBAI JCA

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): The Respondent commenced the action in the Lower Court and his claims, by an amended statement of claim dated the 8th of May, 2006, were for:

i. A declaration that the Respondent having accepted the offer to purchase House No. 9, Kaura Road, Badarawa, Kaduna on the 11th of February, 2005, is the lawful holder of all the rights, benefits and enjoyment of that piece of land known House No. 9, Kaura Road, Badarawa, Kaduna.

ii. An order setting aside the purported sale of House No. 9, Kaura Road, Badarawa, Kaduna by the 2nd defendant to the Appellant on the 18th of March, 2005 on the ground that as of that day the 2nd defendant acted in contravention of relevant principles of Islamic Law and no longer had power to so act.

iii. A perpetual order of injunction restraining the defendants, their agents, servants, privies or anybody that is or might be saddled with the responsibility of distributing the estate of Late Col. …

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