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DARMA & ORS
V.
MUSTAPHA

(2014) JELR 34179 (CA)

Court of Appeal 12 Jun 2014 Nigeria
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Case Details

Suit Number:CA/K/243/2012
Judges:ABDU ABOKI JCA ITA GEORGE MBABA JCA HABEEB ADEWALE OLUMUYIWA ABIRU JCA
Counsel:Abdurrazaq Aikawa Esq. (who settled the brief) For the Appellant; Habibu Akihu Esq. (who settled the brief) For the Respondent.

ITA G. MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Kano State High Court in suit No K/133/2011, delivered on 19/7/2012 by Hon Justice Patricia Mahmud against the Defendant (now Appellant). The Respondent had claimed against the Appellants as follows:

"1 A declaration that the plaintiff as the owner of property covered by certificate of occupancy NO/LKN/CON/2002/55 (sic) is entitled to the right of enjoyment of ingress and egress attached to the property by both sides of the property as contained in the survey plan attached of (sic) the Land.

2 A declaration that the act of the defendants in creating plots of land and developing them out of the road and the exit of the plaintiff's land at the southern side of the plaintiff (sic) Land is illegal, and encroachment into his right and enjoyment of his use of land.

3 An order... directing the defendants to demolish any structure made on the road reservation, blocking the exit of the plaintiff's…

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