MALLAM TANKO MOHAMMED TELLA MR. J. B. GHUMDIA V. ALHAJI AHMED M. USMAN MAJOR S. G. IDAKWO (RTD)
(2000) JELR 54336 (CA)
Court of Appeal
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CA/K/117/99 .
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4 May 2000
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Nigeria
Coram
MAHMUD MOHAMMED, JCA (Presided) OLUDADE OLADAPO OBADINA, JCA
Appearances
Abdullahi Haruna, Esq., for the Appellants
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I. S. Akor, Esq., for the Respondents
Judgement
<p><strong> OMAGE, JCA (Delivering the Lead Judgment): </strong> In the appellants’ brief of argument, three issues are formulated for determination, they are:- “(a) Whether Exhibit 1, the statutory certificate of occupancy issued to the 1st respondent, can extinguish the prior right of the 1st appellant and confer title on the 1st respondent.</p><p>Whether Exhibits 3 and 3(a) can be of any evidential value after holding that the court which took the proceedings was without jurisdiction.</p><p>Whether the court was right when it failed to award damages to the 2nd appellant.” The appellants’brief of argument was deemed filed by order of court upon the prayers in a motion with effect from 13th October, 1999. In their brief filed on 2nd November, 1999, the 1st and 2nd respondents formulated two issues for determination, namely:- “(1) Whether or not the grant of a statutory right of occupancy to the 1st respondent as evidenced by Exhibit 1 extinguished the 1st appellant’s right to and interest in the land in dispute.</p><p>Wheth…</p>