Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



AHMED
V.
AHMED & ORS

(2018) JELR 38863 (CA)    

Court of Appeal  ·  CA/K/25/2017 ·  18 May 2018 ·  Nigeria
CORAM
UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria OBIETONBARA O. DANIEL-KALIO Justice of The Court of Appeal of Nigeria AMINA AUDI WAMBAI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
2nd respondent
respondents
1st respondent
zaria road
trial court
block f.33 kundila housing estate
2nd defendants
abuse of office
chief executive of the 3rd respondent
lower court
claims of the appellant
former managing director
judgment of the trial court
public officers protection law
2nd respondents
3rd defendant
daughter of the 2nd respondent
father of the 1st respondent
judgment of the high court of justice
kano division
owner-occupier scheme
said property
statute of limitation
subject matter
suit k
1st respondents name
3rd respondents
amina audi wambai
appellants claims
appellate court
circumstances of this case
civil cases
documents of title
evidence of the witnesses
facts of the case
government property
honourable court
leading judgment
notice of appeal
obietonbara o. daniel-kalio
order of perpetual injunction
plaintiffs claim
policy of kano state investment
primary duty of the trial court
public servants
rules of this court
sale price
such further order
type of building
use of power

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of justice, Kano Division, holden at Kano in Suit K/47/2014, delivered on 16/11/2016 by Hon. Justice Mohammed Yahaya, wherein the Claims of the Appellant against the Respondents were dismissed.

The Appellants Claims at the lower Court against the Respondents vide the Statement of Claim dated 31/3/2014 contained at pages 8-11 of the records were as follows:

a. The plaintiffs claim is an order of perpetual injunction restraining the 1st and 2nd defendants, their servant, agent or privies from forcefully ejecting, harassing or in any other way disturbing the plaintiffs peaceable dwelling and occupation of the premises known as Block F.33 Kundila Housing Estate, Zaria Road, Kano (subject matter in this suit) occupied by the plaintiff since 1981.

b. A declaration that the acquisition or purported acquisition of the premises known as Block F.33 Kundila Housing Estate, Zaria Road…

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