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ABBA
V.
ABBA AJI & ORS

(2022) JELR 109188 (SC)

Supreme Court 7 Jan 2022 Nigeria
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- The appellant filed a suit against the 2nd and 3rd respondents regarding the sale of a government quarter. - The trial court granted all the reliefs sought by the appellant, but the Court of Appeal overturned the judgment and declared the

Case Details

Suit Number:SC.109/2016
Judges:Mary Ukaego Peter-Odili, JSC Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC Ejembi Eko, JSC Mohammed Lawal Garba, JSC Ibrahim Mohammed Musa Saulawa, JSC
Counsel:M.E. Oru, Esq. with him, Ogbeanyealu Egelamba Esq. and Franlin P. Jingi Esq. For the Appellant; P.A. Bello, Esq. with him, M.O. Adjeh Esq. for the 1st Respondent; G.M. Chibok (DCL, Borno MOJ), with him, M.B. Mustapha (SC) for the 2nd & 3rd Respondents.

MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal Jos Division or lower Court or Court below, Coram: Tine Tur, Ibrahim Shata Bdliya and Elfrieda O. Williams- Dawodu JJCA, delivered on 3/12/2014 wherein the Court below overturned the judgment of the trial Court of 6th November, 2012 and allowed the appeal, entering judgment in favour of the 1st respondent as per his counter-claim. The decision of the Court below was a declaration that the sale to the 1st respondent of house No. 24, Benue Road, Old GRA, Maiduguri was proper and lawful and thus set aside the earlier grant to the appellant of the Certificate of Occupancy No. BO/41496 of 18th September, 2002 over the same property.

BACKGROUND FACTS

The appellant herein as plaintiff before the trial High Court Maiduguri filed Suit No. M/76/2005 against the 2nd and 3rd Respondents herein as 1st and 2nd defendants. The 1st Respondent herein was joined as a 3rd defendant…

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