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ALHAJI ADAMU TONGA & ANOR v. MAUNTALLA HARUNA & ORS

(2018) JELR 38624 (CA)

Court of Appeal  •  CA/PH/257/2014  •  27 Jun 2018  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA; FATIMA OMORO AKINBAMI JCA; PAUL OBI ELECHI JCA;

Judgement

AHMAD OLAREWAJU BELGORE, J.C.A. (Delivering the Leading Judgment): The Respondents (Claimant before the Court below) by a Writ of Summons and a further further Amended Statement of claim took out an action against the Appellants (Defendant before the lower Court) asking for the following reliefs:

(a) A declaration that Alhaji Halidu Danu (now deceased) was the owner by allotment of the statutory Right of Occupancy over (Sic) and in respect of the property known as and called Plot 23A Circular Road, Elekahia Housing Estate, Port-Harcourt;

(b) A Declaration that by virtue of an absolute gift inter vires made to the late Hajiya Maryan Danu became and is entitled to the statutory Right of Occupancy comprised in the said property and accordingly that the claimant is entitled to remain in possession thereof as next friend of the teenage children of the late Hajiya Maryam Danu.

(c) A Declaration that the 1st Defendant as trustee of the said Alhaji Halidu Danu is not entitled to sell or dispose …

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