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MAKAMI
V.
UMARU

(2013) JELR 35842 (CA)

Court of Appeal 27 Mar 2013 Nigeria
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Case Details

Suit Number:CA/MK/141/2011
Judges:JA'AFARU MIKA'ILU Justice of The Court of Appeal of Nigeria ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria SAMUEL C. OSEJI Justice of The Court of Appeal of Nigeria
Counsel:Appellant absent (though served) For Appellant T. Y. Jiriko For Respondent

ADZIRA GANA MSHELIA, J.C.A. (Delivering leading Judgment): This is an appeal against the Ruling/Judgment of the High Court of Justice sitting at Karu, Nassarawa State delivered on the 4th day of July 2011, dismissing the plaintiff's claim for being an abuse of court process and caught up by the doctrine of res-judicata.

The appellant as the plaintiff commenced an action in suit No NSD/No 5/2010 at the High Court of Jusitce Nassarawa State, sitting of Karu against the defendant now respondent claiming as follows:

a) A declaration that the plaintiff is the owner of the parcel of land which is situated and lying at Karmo in Gadabuka Development Area of Toto Local Government Council as described in paragraph 24 of the statement of claim.

b) A declaration that the defendant s claim over the said parcel of land is wrongful and baseless.

c) An order of perpetual injunction restraining the defendant, either by himself, privies or agents from doing anything with or lying claims to the said par…

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