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ALHAJI CHIEF A.A. SHOBANKE & ANOR V. ALH. ABDULLAHI SALIHU SARKI & ORS.

(2005) JELR 45140 (CA)

Court of Appeal  •  CA/K/158/99  •  18 Apr 2005  •  Nigeria

Coram
MAHMUD MOHAMMED JCA; OFR JCA; STANLEY SHENKO ALAGOA JCA; KUDIRAT M. O. KEKERE-EKUN JCA;

Judgement

STANLEY SHENKO ALAGOA, J.C.A (Delivering the Leading Judgment): This is an appeal against the Judgment of the Kano State High Court NO.6 presided by Wada Rano J. delivered on the 25th September 1997. In the court below, the present Appellant as plaintiff had taken out a writ of summons to which was attached a statement of claim dated the 22nd November 1989 which was amended twice by order of court. The amended statement of claim, which was deemed filed and served on the 13th March 1992 by the then plaintiff against the defendants jointly and severally is for -

(a) A Declaration that he is the owner of the property situate at No.7 Church road Sabon Gari Kano and is entitled to the right of occupancy and possession of same.

(b) A declaration that the purported sale of the plaintiffs property situate at No.7, Church Road Sabon Gari Kano by the 1st and 2nd defendants to the 3rd defendant is ineffectual, null, void and a fraud on the plaintiff.

(c) An order setting aside the purported saleā€¦

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