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UNITED BANK FOR AFRICA V. ALI FADLALLAH (Trading Under The Name And Style Of Ali Fadlallah & Sons)

(2021) JELR 109566 (CA)

Court of Appeal  •  CA/KN/62/2015  •  10 May 2021  •  Nigeria

Coram
Hussein Mukhtar, JCA Habeeb Adewale Olumuyiwa Abiru, JCA Abubakar Muazu Lamido, JCA

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Kano State delivered in Suit No. K/611/1999 by Honorable Justice Nuhu Yahaya Galadanchi on the 13th of February, 2014. The Respondent was the claimant before the lower Court and his claims were for:

i. A declaration that the Certificate of Occupancy No LKN/CON/RES/RC/81/111 covering all that piece of land situate at Dakata Quarters in the Waje District of Kano State is the property of the Respondent.

ii. An order of the Court directing the Appellant to deliver and return the said Certificate of Occupancy No. LKN/CON/RES/RC/81/111 in its custody to the Respondent.

iii. Damages for the detention of the said Certificate of Occupancy No. LKN/CON/RES/RC/81/111 since 1st of August, 1998.

iv. An injunction restraining the Appellant, its agents, servants or privies from selling, alienating, disposing of and/or tampering with the Respondent’s interest in the property c…

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