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MALLAM TANKO WANZAMI & ANOR v. ALHAJI ISA SALISU & ORS

(2014) JELR 42232 (CA)

Court of Appeal  •  CA/K/3/2006  •  23 Jan 2014  •  Nigeria

Coram
THERESA N. ORJI-ABADUA JCA; ITA GEORGE MBABA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Kaduna State in Suit No. KAD/KDH/520/2003 delivered by Honorable Justice J. S. Abiriyi (as he then was) on the 23rd of March, 2005 dismissing the suit as an abuse of process. The facts of the case leading up to this appeal are pretty straight forward. By an amended statement of claim dated 30th of March 1998 and taken out in Suit No. KDH/KAD/80/97, the first Respondent herein, Alhaji Isa Salisu, as plaintiff, claimed against the second Respondent herein, Mallam Abubakar Muhammed, one Alhaji Tanko Wanzami, not the Appellant herein, and the fourth Respondent herein, Kaduna South Local Government, as first to the third defendants, thus:

i. A declaration of title over a piece of land measuring 50 feet by 100 feet situate, lying and being described as Plot No. LA 10 Zango Road Extension contained in Certificate of Occupancy No. 028303 dated the 18th of March…

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