ALH. MOHAMMED ZARAMI V. A. T. S ABATCHA NIGERIA LIMITED & ORS

ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, J.C.A. (Delivering the Leading Judgment): This appeal was as a result of the Judgment of the Borno State High Court Maiduguri, delivered on October 30th, 2014 by Hon. Justice A. G. Kwajaffa, in favour of the 1st and 2nd Respondents herein (1st and 2nd Plaintiffs at the Court below).

At the Court below, the 1st and 2nd Respondents sought the following reliefs:

1. A declaration that the purported Auction sale of the Plaintiffs House being lying and situate at Hausawari Ward, Maiduguri by the 1st Defendant to the 2nd Defendant during the pendency of a matter in respect of same and without the due process and compliance with the relevant Laws is wrongful, fraudulent, illegal, unconstitutional, null and void.

2. An order setting aside the purported Auction sale by the 1st Defendant of the Plaintiffs House situate at Hausawari Ward, Maiduguri without due process.

3. An order of injunction restraining the 1st Defendant whether by itself, agent, servant, priv…