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DAUDA
V.
ALIYU

(2016) JELR 40340 (CA)

Court of Appeal 23 Mar 2016 Nigeria
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- The appellant sought judicial review (order of certiorari) at the Kaduna State High Court to quash the Rent Tribunal’s judgment ordering his eviction from property at KZ.31, Zango Road, Tudun Wada, Kaduna, alleging the tribunal lacked jur

Case Details

Suit Number:CA/K/157/2012
Judges:IBRAHIM SHATA BDLIYA JCA HABEEB ADEWALE OLUMUYIWA ABIRU JCA AMINA AUDI WAMBAI JCA
Counsel:S. Shuaibu For the Appellant. O. O. Olowokure with him, A. Badarudeen & E. K Duniya for first Respondent. No appearance for second Respondent.

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Kaduna State in Suit No KDH/KAD/154/2010 delivered by Honorable Justice Hajaratu Gwadah on the 19th of November, 2010. The Appellant commenced the action in the lower Court against the Respondents by an application for judicial review and by which he prayed for:

i. An order of certiorari to remove to the lower Court the judgment, order and proceedings of the Rent Tribunal Court 2 sitting at the Upper Sharia Court, Tudun Wada Kaduna in Case No RT/CT2/304/2007 and which judgment was delivered on the 17th of February, 2010 for the purpose of quashing same.

ii. An order directing that since the Applicant resides in property known and situate at KZ. 21 Zango Road, Tudun Wada, Kaduna, the judgment of the lower Court given against KZ.31, Zango Road, Tudun Wada, Kaduna cannot affect him and he cannot be evicted from the said KZ. 21, Zango Road, Tudun Wada, Kaduna si…

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