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GARBA
V.
GARBA & ORS

(2017) JELR 34294 (CA)

Court of Appeal 12 May 2017 Nigeria
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Case Details

Suit Number:CA/K/292/2016
Judges:OBIETONBARA O. DANIEL-KALIO Justice of The Court of Appeal of Nigeria OLUDOTUN ADEBOLA ADEFOPE-OKOJIE Justice of The Court of Appeal of Nigeria AMINA AUDI WAMBAI Justice of The Court of Appeal of Nigeria
Counsel:Omotayo A. Buraimoh, Esq. For Appellant Ishaku Haliru, Esq. For Respondent

OBIETONBARA O. DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): The appeal here is in respect of a land matter. The Appellant who was the plaintiff in the lower Court, in a terse Statement of claim pleaded that he is the rightful owner of the property covered by a Certificate of Occupancy No. LKN/CON/RES/1040 dated 14/6/91 and registered at the Lands Registry in the Office at Kano. He pleaded that the property was given to him by his father as a gift by means of a Deed of Gift and that the Deed of gift was duly registered. It was his case that based on the gift of the property, he mortgaged it to First Bank of Nigeria Plc. via a deed of legal mortgage which was also registered at the Lands Registry, Kano. He further pleaded that the defendants (the Respondents in this appeal) are trespassers, foreigners and strangers in the land. Consequently, he prayed the lower Court for the following reliefs:-

"1. A declaration that the plaintiff is the rightful owner of the land and property…

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