ABBA
V.
ABBA AJI & ORS

(2022) JELR 109188 (SC)    
Supreme Court  ·  SC.109/2016 ·  7 Jan 2022 ·  Nigeria
CORAM
Mary Ukaego Peter-Odili, JSC Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC Ejembi Eko, JSC Mohammed Lawal Garba, JSC Ibrahim Mohammed Musa Saulawa, JSC
Core Terms Beta
1st respondent
page
land use act
benue road
certificate of occupancy
civil servants
government quarters
lower court
old gra
statutory right of occupancy
3rd defendant
3rd respondents
counter-claim
cross-examination
2nd defendants
appellant's application
borno state government
learned trial judge
1st respondent's counter-claim
findings of the lower court
owner-occupier basis
printed record
brief of argument
civil servant of borno state government
decision of the court
following lines
holder of the certificate of occupancy
legal effect
pw3 paul ngadda
statement of claim
1st respondent of house no.
appellant of the certificate of occupancy no. bo
background facts
behest of the borno state government
civil servant of the 3rd respondent
earlier grant
favour of the 1st respondent
given time
high court of justice
judgment of the court of appeal jos division
judgment of the trial court of 6th november
landed property
leading judgment
occupied government quarters
purported revocation of the plaintiff
purported sale of house no.
said government quarter
said government quarters
sale of the houses
trial high court maiduguri

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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