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AZAGBA
V.
NIGERIAN COLLEGE OF AVIATION TECHNOLOGY, ZARIA & ANOR.

(2013) JELR 35759 (CA)

Court of Appeal 26 Apr 2013 Nigeria
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- This is an appeal against the decision of the High Court of Justice Kaduna State in a land dispute case. - The plaintiff filed a suit claiming declarative reliefs and injunctive order over a piece of land. - The defendant raised a prelimi

Case Details

Suit Number:CA/K/92/2010
Judges:ABDU ABOKI Justice of The Court of Appeal of Nigeria T. N. ORJI-ABADUA Justice of The Court of Appeal of Nigeria H. A. ABIRU Justice of The Court of Appeal of Nigeria
Counsel:Dr. K. A. Adedokun For Appellant Theophilus Okwute - For the 1st and 2nd Respondent For Respondent

ABDU ABOKI, JCA (Delivering the leading Judgment): This is an Appeal against the decision of the High Court of Justice Kaduna State sitting in Zaria delivered on 30th day of October 2008 by B. F. Isah J.

Dissatisfied with the decision, the Appellant who was the Plaintiff at the trial court appealed to this court.

The facts giving rise to this appeal are that the plaintiff (Appellant herein) instituted a suit vide a writ of summons, dated 26th day of March 2007 against the Defendants (Respondents herein) claiming some declarative reliefs and injunctive Order over the piece of land measuring 0.097 Hectares covered by State Certificate of Occupancy number KD.5251, lying and situate along Grace Lands Road at Ungwar Yusi, Hanwa extension, Zaria.

The writ was subsequently followed by an application for interlocutory injunction to restrain the Defendants (Respondents herein) from taking any step(s) that would affect the Plaintiff's right of ownership in the land.

The Defendant (Respondent he…

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