THE MINISTER OF WORKS & HOUSING V. ALHAJA KUBURAT SHITTU & ORS

OLUKAYODE ARIWOOLA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the decision of the Kaduna State High Court which assumed jurisdiction on the Respondents claim to title to a landed property. The trial court had given judgment in favour of the Respondent on 17th October, 2003 having earlier, on 15th April, 2003 overruled the objection of the Appellant to jurisdiction of the trial Court to adjudicate on the matter.

The Respondents had by a Writ of Summons dated 11th February, 2002 commenced an action against the Appellant and claimed as follows:

"1. A declaration that by virtue of Certificate of Occupancy No. NC 4942 dated 26th

February, 1979 registered as No. KDR46 at page 46, Vol. 15 (Certificate of Occupancy) of the Lands Registry, Kaduna title in property No.1 Challawa Crescent, Kaduna rest in the Plaintiffs as

beneficiaries of the estate of Alhaji Lamidi Olusegun Ibiyeye (deceased).

2. Declaration that the estate of late Alhaji Lamidi Olusegun Ibiyeye is ent…