ABDU ABOKI J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Justice, Katsina State delivered by Sanusi Tukur J on the 7th day of November 2008.
The facts that gave rise to this appeal are that the respondent procured a property situate at Dorawa Street, Sabon Unguwar Katsina State from the appellant pursuant to a sale agreement dated 28/9/2003, and the appellant donated a power of attorney in favour of the respondent over the said property.
Notwithstanding the subsistence of the said sale agreement, the appellant who was still occupying the property in (sic) pleaded with the respondent to allow him to stay in the said property for a period of 3 months.
As the 3 months was fast approaching, the appellant filed an action before the High Court of Justice, Katsina State in Suit No. KT/25/2003 seeking to invalidate the sale agreement he had entered with the appellant. The said suit was eventually struck out by the learned trial judge.
The a…