ALHAJI AUDU SHUGABA V. ALHAJI TIJANI SHETTIMA TA’ABU

UMOREN, JCA (Delivering the Lead Judgment): The facts that gave rise to this appeal are as follows:-

On the 27th January, 1995, the Appellant instituted an action at theBorno State High Court of Justice, holden at Maiduguri, against Union Bank of Nigeria Plc., claiming some declaratory and injunctive reliefs, pertaining to the Appellant’s Landed Property, situate along Kano Road, Maiduguri known as Airport International Hotel and covered by Certificate of Occupancy No. BO/3131. As a matter of fact, one of the reliefs claimed by the Appellant in the said suit was an Order restraining Union Bank of Nigeria Plc. from Auctioning/ selling or in any way disposing of the Appellant’s property aforementioned. The action was suit No. M/29/95.

Whilst the suit aforesaid was pending, Union Bank of Nigeria Plc. purportedly sold the Appellant’s Landed Property aforesaid to the Respondent herein in a Public Auction allegedly conducted on the 4th February, 1995. Agrieved with the above development, th…