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SHAGARI QUARTERS DEVELOPMENT ASSOCIATION ARGUNGU & ORS V. BADAMASI HASSAN & ORS

(2014) JELR 42236 (CA)

Court of Appeal  •  CA/S/2/2012  •  12 Feb 2014  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA; TUNDE O. AWOTOYE JCA; JAMES SHEHU ABIRIYI JCA;

Appearances
Ibrahim Abdullahi with M.A. Mustapha and Abdulwasiu For Appellant G. A. Shehu for 1st - 4th Respondents.U. A. Bagudu Principal State Counsel Ministry of Justice Kebbi State for 5th and 6th Respondents. For Respondent

Judgement

JAMES SHEHU ABIRIYI,J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice Kebbi State sitting at Argungu wherein the Appellants were the Plaintiffs. The Respondents were the Defendants.

The claim of the Appellants against the Respondents at the Lower Court as contained in the writ of summons and statement of claim is for the following:

a) A declaration that the land in dispute belongs to the 3rd plaintiff and that having duly assigned it to the 1st and 2nd plaintiffs, the 1st and other defendants have no power or right to allot the land to themselves or by the 6th defendant.

b) A declaration that the allotment made by the 3th plaintiff to the 1st and 2nd plaintiffs sometime in 1997 covers the whole lands comprised in the site of the Federal Low-cost Housing Estate, Argungu and the 5th and 6th defendants have nothing to allot to the 1st to 4th defendants.

c) A declaration that the defendants are trespassers unto the land in questi…

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