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SALE V. MUHAMMAD & ORS

(2023) JELR 110157 (CA)

Court of Appeal  •  CA/K/146/2019  •  27 Jan 2023  •  Nigeria

Coram
Ita George Mbaba Boloukuromo Moses Ugo Usman Alhaji Musale

Appearances
ABDULMALIK A. TAIWO, ESQ.For Appellant(s) MUSTAPHA IDRIS, ESQ. FOR 1ST RESPONDENT NO REPRESENTATION FOR 2ND RESPONDENTFor Respondent(s)

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This Appeal emanated from the decision of Kano State High Court in Appeal No. K/6A/2018 (sitting on Appeal over the judgment of the Upper Sharia Court, in Suit No. CV/125/2017), whereof the High Court: Coram – Hon. Justice Usman M. Na’abba and Hon. Justice Hadiza Sulaiman, on 14/12/2018, affirmed the decision of the said Upper Shariah Court, Kasuwa, Kano State, presided over by Hon. Judge M. Hado Tijjani, who had dismissed the claims of the plaintiff on 8/1/2-18 against the 1st and 3rd Defendants, but upheld against the 2nd Defendant in the sum of N20 Million and N2 Million as costs

At the Upper Shariah Court, the plaintiff (now Appellant) had sought the following reliefs; namely - recovery of the total sum of N29,000,000 (Twenty-Nine Million Naira) from the Defendants (Respondents) jointly and severally, being monies which the plaintiff advanced to the Defendants for the purchase of plot of land situate along IBB Way by Katsi…

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