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KACHALLA
V.
BANKI

(2006) JELR 47383 (SC)

Supreme Court 24 Feb 2006 Nigeria
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- This case is an appeal against a judgment of the Court of Appeal Jos Division, which affirmed the decision of the High Court of Borno State dismissing the appellant's claim. - The appellant claimed ownership of a property and sought vario

Case Details

Suit Number:SC.235/2005
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria
Counsel:S. I. Ameh (with him, A. A. Ibrahim and O. T. Ogunnika) For Appellant R. O. Yusuf (with him, C. I. Nwako and M. N. Logjam [Miss])Uche I. Obi 3rd Respondent unrepresented. For Respondent
Other Citations:Kachalla v. Banki (2006) 8 NWLR (Pt.982) 364, (2006) 8 NWLR (Pt. 982) 364

MUSDAPHER, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Jos Division, delivered on the 13th of March, 2001 whereby the decision of the High Court of Borno State dismissing the appellant's claim was affirmed. Before the trial court, the appellant as the plaintiff in the amended statement of claim as per paragraph 9 thereof claimed thus:

(a) A declaration that he is the bona fide owner of the property, the subject matter of this suit.

(b) A declaration that the sale of his property is null and void and of no effect, and it be set aside and the property restored to him.

(c) A declaration that the judgment debtor before the above trial court has no interest or right in plaintiff's property.

(d) A perpetual injunction restraining all the defendants from interfering with the plaintiff's property including their agents, servants and privies.

(e) An award of ₦5,000.00 as damages against the defendants for trespass.

(f) Costs of this sui…

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