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GARBA & ORS.
V.
ZARIA

(2005) JELR 45259 (CA)

Court of Appeal 3 May 2005 Nigeria
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- The appellants sued the respondent seeking various reliefs, including a declaration of their right of occupancy over a piece of land and property. - The respondent counter-claimed, seeking a declaration that the sale of a portion of the p

Case Details

Suit Number:CA/K/74/2003
Judges:MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Court of Appeal of Nigeria ABUBAKAR ABDULKADIR JEGA Justice of The Court of Appeal of Nigeria BABA ALKALI BA'ABA Justice of The Court of Appeal of Nigeria
Counsel:A. A. Masanawa, Esq. For Appellant E. C. Aneme, Esq. For Respondent

KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment): The appellants herein who were plaintiffs in suit No. KDH/KAD/254/93 before the Kaduna State High Court sued the respondent, who was the defendant/counter-claimant seeking the following reliefs as contained in paragraph 12 of their amended statement of claim dated 25th March, 1997, at page 47 of the printed record:

(a) "A declaration that they have and are entitled to the right of occupancy in and over the piece of land and property known as No. V. 10 Ahmadu Bello Way, Kaduna.

(b) A declaration that the purported purchase of the 3 (three) rooms in the said property No. V. 10 Ahmadu Bello Way, Kaduna, is illegal, null and void and contrary to the principles of both Islamic Law and Land Tenure Law/Act.

(c) Perpetual injunction against the defendant by himself, his agents or privies from trespassing or further trespassing into the said plot No. V. 10 Ahmadu Bello Way, Kaduna.

(d) The sum of N100,000.00 (One hundred thousand naira) on…

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