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MUSTAPHA
V.
MSHELIZAH

(2003) JELR 56532 (CA)

Court of Appeal 10 Mar 2003 Nigeria
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- The respondent (plaintiff) instituted an action at the High Court of Borno State seeking a declaration of right of occupancy, perpetual injunction, damages, and costs over a plot of land in Bulumkutu South, Maiduguri, based on a sale agre

Case Details

Suit Number:CA/J/78/97
Judges:ALOMA MARIAM MUKHTAR, JCA (Presided) OLUDADE OLADAPO OBADINA, JCA IFEYINWA CECILIA NZEAKO, JCA (Read the Lead Judgment)
Counsel:A.C. Ozioko, Esq. (for M. Monguno, Esq.) - for the Appellants. -*- H. Halla, Esq. (for H.Y. Mshelia, Esq.) - for the Respondent. D

NZEAKO, JCA (Delivering the Lead Judgment): At the High Court of Justice Borno State of Nigeria, the respondent in this appeal instituted suit no. M/8/93 as plaintiff against 4 defendants.

The 2nd defendant admitted the claim in writing. The other 3 defendants, viz 1st, 3rd and 4th defendants denied the claim. Bdliya, J., sitting at the Maiduguri Division of the High Court, on 8/12/96 delivered judgment in the said suit against them, after hearing the parties and their witnesses. The 3 defendants have appealed to this court. As set out in paragraph 13 of his statement of claim, the plaintiff had claimed against the defendants jointly and severally, the following reliefs:- A declaration of right of occupancy that the plaintiff is the holder of right of occupancy (sic) over the piece of plot measuring 100 x 100 feet situate at Bulumkutu South Maiduguri covered by sales agreement dated 26th March, 1992.

An order of perpetual injunction restraining the defendants their agents or privies o…

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