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HARUNA SHETTIMA & ORS v. MRS HAJARATU SHETTIMA

(2016) JELR 37048 (CA)

Court of Appeal  •  CA/J/27/2011  •  4 Mar 2016  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; ADAMU JAURO JCA; JOSEPH TINE TUR JCA;

Judgement

JOSEPH TINE TUR, J.C.A.(Delivering the Leading Judgment): The appellants and the respondent lay claim to certain property situate at Nos. 1 and 2 Gambole Road, Old GRA, Maiduguri, Borno State. The respondent instituted this action in the High Court of Justice, Maiduguri, Borno State on 20th February, 2009. Paragraphs 4-16 of the Statement of Claim pleaded the following facts:

"??4. The plaintiff avers that on 2nd September, 1974 a Certificate of Occupancy was granted to her husband, Alhaji Yunusa Shettima entitled NE/1962 and registered as No.14 at page 14 in Volume 4 (Certificates of Occupancy) at the Lands Registry, Maiduguri. The plaintiff shall at the trial rely on the said Certificate of Occupancy and file No.NE/1962.

5. On or about 24th July, 1991 the said Alhaji Yunusa Shettima (now deceased) assigned his right, title and interest over the said property covered by Certificate of Occupancy No.NE/1962 lying and situate at Nos.1 and 2, Gambole Road, Old GRA, Maiduguri to the plaintiā€¦

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