STEPHEN JONAH ADAH, JSC (Delivering the Leading Judgement): This appeal is against the decision of the Court of Appeal Kaduna Judicial Division (hereinafter referred to as 'the lower court'), delivered on 17th December, 2010, in Appeal No: CNK/195/2007. The lower court in its decision, set aside reliefs No. 1, 2, 6 and 7 of the appellant's claim and affirmed the rest of the decision of the trial court in Suit No: K/107 /2006.
The material facts of this case are summarized as follows:
The 1st respondent and the appellant herein were once husband and wife. The 2nd respondent is one of the six children of the marriage. Sometime in 2001 , the house No. 2 Tamandu Close Nassarawa G.R.A., Kano, subject of this litigation was purchased by the couple in the name of the 2nd respondent. On 7th April 2002, the 1st respondent donated the said property to the appellant and her six children including the 2nd respondent. Later the appellant without the consent of the 1st and 2nd respondents changed t…