SULE DANJUMA USMAN V. NEW NIGERIA BANK PLC & ORS

ITA G. MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice Ja'afaru Dalhatu of Kaduna State High Court in Suit No. KDH/KAD/126/92, delivered on 6th August, 1998, Appellant, a legal practitioner, who was the plaintiff at the lower Court, had filed the Suit claiming the following reliefs, over the property in contention:

"(1) A declaration of title

(2) A declaration that the Plaintiff/Applicant did not mortgage or transfer his title to the Defendant/Respondent.

(3) A declaration that 1st Defendant/Respondent cannot transfer the said property to the 2nd and 3rd Defendants/Respondents" (see page 3 of Appellant's Brief filed on 8/6/2006.

After hearing the case, and considering the one sided evidence of the Plaintiff (as the Defendant did not testify), the learned trial judge dismissed the claim of the plaintiff, that same had not been proved.

Appellant filed a Notice of Appeal with 3 grounds of Appeal, on 11/9/1998, as per pages 93 and 94…