(2018) JELR 39104 (CA)    

Court of Appeal  ·  CA/K/31/2017 ·  9 Mar 2018 ·  Nigeria
OBIETONBARA O. DANIEL-KALIO Justice of The Court of Appeal of Nigeria OLUDOTUN ADEBOLA ADEFOPE-OKOJIE Justice of The Court of Appeal of Nigeria AMINA AUDI WAMBAI Justice of The Court of Appeal of Nigeria
Core Terms Beta
nwlr part
1st respondent
lower court
certificate of occupancy
trial judge
1st defendant
original allottee
alhaji sayyadi ibrahim
certificate of occupancy no. lkn
kano state
2nd defendant
letter of grant
right of occupancy
1st respondents counsel
para a-b
para d-e
respect of plot no.
appellants letter of grant
claim of the 1st respondent
conclusion of evidence
courts determination
decision of the lower court
issue of fraud suo motu
order of perpetual injunction
rightful owner of plot no.
sayyadi ibrahim
trial court
absence of proper resolution of the issue
case of dennis akoma v osenwokwu
case of owoyemi v adekoya
case of the 1st respondent
defence of his case
documents of sale of the right
documents of title
fact of this case
following reliefs
galadima jsc
issue of a subpoena
leading judgment
learned appellants counsel
letters of grant
offer letter
plaintiffs land
said court
statutory time frame
subsequent grant of a right of occupancy
substantive date of final addresses
title hold
true position of the law

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A.(Delivering the Leading Judgment): The Appellant in this appeal was the 1st Defendant before the lower Court. The claim of the 1st Respondent, as Plaintiff before the said Court, by his Statement of Claim dated the 30th May 2012 was for the following reliefs:

a) A declaration that the plaintiff is the rightful owner of plot No. 1761 situated at Dorayi Babba in Kano State covered by Certificate of Occupancy No. LKN/RES/93/243.

b) A declaration that the allocation made in respect of plot No. 1761 situate at Dorayi Babba in Kano covered by Certificate of Occupancy No. LKN/RES/93/243 dated 12th July, 1993 by the 2nd defendant to one Sayyadi Ibrahim or any other person apart from the plaintiff is null and void.

c) A declaration that the purported development made by the 1st defendant in respect of the plot is an act of trespass unto the plaintiffs land.

d) An order of perpetual injunction restraining the 1st defendant his servants, privies, agents and any…

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