UNITED BANK FOR AFRICA PLC V. SAMBA PETROLEUM CO. LTD. ALHAJI MOHAMMED TANKO

SALAMI, JCA (Delivering the Lead Judgment): This is an appeal from the decision of Mallam, J., of the Kaduna State High Court of Justice, in the Zaria Judicial Division, sitting in Zaria, delivered on 25th January, 2001.

The plaintiff in paragraph 25 of his amended statement of claim eventually claimed as follows.-

“(i) A declaration that the 1st plaintiff is the rightful and beneficial owner of the filling station covered by Local Government right of occupancy No. KCB/B/000226 and therefore entitled to a statutory right of occupancy to the exclusion of the defendant. (ii) Declaration that the defendant’s acts in relation to the filling station in dispute are unlawful and a violent interference with the 1st plaintiff’s use and enjoyment of the filling station.

(iii) An order setting aside the purported auction sale of the filling station (property in dispute) by the 1st defendant to the 3rd defendant. (iv) An order that the 3rd defendant delivers immediate possession of the filling sta…