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ABUBAKAR
V.
ANOBIH & ANOR

(2013) JELR 35793 (CA)

Court of Appeal 6 Feb 2013 Nigeria
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Case Details

Suit Number:CA/J/392/2007
Judges:SOTONYE DENTO-WEST Justice of The Court of Appeal of Nigeria IGNATIUS IGWE AGEBE Justice of The Court of Appeal of Nigeria ABUBAKAR ALKALI ABBA Justice of The Court of Appeal of Nigeria
Counsel:S. S. Obende Esq. - Appellant For Appellant J. Olabode Makinde Esq. with him M. J. Ifegwu for the 1st Respondent For Respondent

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the leading Judgment): On the 3rd day of August, 1999, the Appellant as Plaintiff in the High Court of Adamawa State, Holden at Yola, in suit Number ADSY/40/99; took out a Writ of Summons initially against the 1st Respondent (then sole Defendant) and by the endorsement or "Memorandum to be subscribed to Writ" and Statement of Claim sought for two declaratory and injunctive Reliefs as contained in pages 2, 3, 4, and 7 of the Records. In an Amended Writ of Summons dated the 12th day of May, 2000; Mr. Moses Anobih was joined as the 2nd Defendant and by the endorsement therein and the Amended Statement of Claim, sought for the following Reliefs against the Defendants jointly and severally as follows:-

"i. A declaration of title to the piece of land (together with all the development thereon) known as No.39, Mohammed Mustapha Way Jimeta-Yola covered by Yola Local Government customary Certificate of Occupancy YLG No.002127 consisting of structures con…

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