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ALHAJI SANI MAI WALDA v. ALHAJI SANI MAIZARE

(2000) JELR 41932 (CA)

Court of Appeal  •  CA/K/71/99  •  14 Dec 2000  •  Nigeria

Coram
ISA AYO SALAMI JCA; VICTOR AIMEPOMO OYELEYE OMAGE JCA; JOSEPH JEREMIAH UMOREN JCA;

Judgement

UMOREN, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of M. N. Abdullahi J. sitting in Kano in the Kano Judicial Division dated 30th September, 1998 in Suit No. K/162/98 dismissing the action of the appellant herein who was the plaintiff in that court against the respondent herein.

The facts of the case are straightforward. It is common ground that in March, 1998 the plaintiff in the Court below instituted an action against the defendants in that court. The claim before the Lower Court, which began the present action on appeal was as set out below:-

The plaintiff's claim is for:-

(a) An order of this Honourable court perpetually restraining the defendants and their agents from further claiming the plot (in dispute).

(b)The sum of N100,000.00 (One Hundred Thousand Naira) as general damages.

(c) Cost of instituting and prosecuting this action.

The plaintiff as well as the defendant in that court were not represented by counsel and so no pleadings were f…

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