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…

AHMED V. AHMED & ORS

AHMED
V.
AHMED & ORS