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MAINAGGE
V.
GWAMMA

(2004) JELR 44985 (SC)

Supreme Court 16 Jul 2004 Nigeria
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Case Details

Suit Number:SC.19/1998
Judges:UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria
Counsel:Taiwo Abe, Esq. For Appellant Mohammed Bello, Esq. For Respondent
Other Citations:Mainagge v. Gwamma (2004) 14 NWLR (Pt.893) 323 (2004) 19 NSCQR 204

PATS-ACHOLONU, J.S.C. (Delivering the Leading Judgment): The appellant in this case who was a defendant in the High Court has appealed to this court against the judgment of the Court of Appeal which confirmed the judgment of the High Court. The respondent as a plaintiff had instituted an action against the appellant claiming as follows:

(a) An order of the court to declare that the house with certificate of occupancy No. NE/1647 situate at G.R.A. Gombe that the plaintiff is the bona fide owner or has title over the said house.

(b) An order of the court ejecting all the defendants from the said house.

(c) Payment of the cost of this action dated this 3rd day of February, 1992.

His case is that he bought a property from the appellant who had bought from one Danladi Muazu and who purchased from the original leasee Alhaji Sale Tango who was granted the certificate of occupancy in respect of that property which was transferred to him by the appellant. It was his case that he asked the …

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