GARBA
V.
YAKASAI

(2005) JELR 45146 (CA)    

Court of Appeal  ·  CA/K/12/2004 ·  19 Dec 2005 ·  Nigeria
CORAM
BABA ALKALI BA'ABA Justice of The Court of Appeal of Nigeria STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Court of Appeal of Nigeria
Core Terms Beta
appeal
issue
statement of claim
plot no.512
babban giji quarters
alhaji adamu ado
ground of appeal
certificate of occupancy
trial court
letter of grant
sole ground of appeal
baban giji quarters
occupancy permit no.5339
omnibus ground of appeal
preliminary objection
leading judgment
mr. ya
respect of the said plot no.512
said plot no.
survey division of the military governor
anie v. uzorka
bank of the north nassarawa branch
certificate of occupancy no.lkn
civil case
determination of this appeal
high court
learned trial judge
said land
baridam v. state
behalf of the appellant
exhibit a
facts of this appeal
file of the land
following issues
following reliefs
injurious use of the land
issues numbers
judgment of the kano state high court
kano judicial division
mr. uba garba
occupancy permit exhibit c
oral testimony of pw2
order granting leave
owner of a piece of land
reply brief
rightful owner of plot no.512
said letter of grant
support of the case of the respondent
take notice
undated amended statement of claim

BABA ALKALI BA'ABA, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the Kano State High Court, sitting at Kano Judicial Division, holden at Kano, presided over by Aliku, J, delivered on 1st of June, 1998. The respondent who was the plaintiff at the trial court, took out a writ of summons against the appellant who was the defendant claiming the following reliefs:

"1. A declaration that he is the rightful owner of plot No.512 situate, lying and being at Baban Giji Quarters in Kano and covered by Certificate of Occupancy No.LKN/RES/86/1577.

2. A declaration that the occupancy permit No.5339 acquired by the defendant through one Alhaji Adamu Ado, purporting to be in respect of the said plot No.512, situate, lying and being at Baban Giji Quarters, Kano, is forged, null, void and of no effect whatsoever.

3. A mandatory injunction directing the defendant to uproot and evacuate the structures and fixtures he has now erected on the said plot No. 512, Baban Gi…

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