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SAFE
V.
NORTHERN STATES MARKETING BOARD

(1972) JELR 46142 (SC)

Supreme Court 28 Jan 1972 Nigeria
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Case Details

Suit Number:SC.535/1970
Judges:IAN LEWIS JSC CHARLES OLUSOJI MADARIKAN JSC ATANDA FATAYI-WILLIAMS JSC
Counsel:Mr. O.T. Nnadi For the Appellant; Mr. E. Noel Grey (with him, Mr. J.A. Fatayi) For the Respondent.
Other Citations:SAFE v . NORTHERN STATES MARKETING BOARD (1972) 1 S.C. (REPRINT) 19

I. LEWIS, J.S.C (Delivering the Leading Judgment): In Suit No. K/46/1970 in the Kano High Court, the plaintiff's amended writ of summons filed by leave of the court read:-

"The plaintiff's claim against the defendant is for a declaration of title to the house situated and known as Plot 59A, Fagge, Waje Area, Kano."

On the 14th of October, 1970, Wheeler, J., dismissed his claim with 76 guineas costs and against that decision he has appealed to this court.

The plaintiff's case as pleaded in paragraphs 3 to 10 of his Statement of Claim reads:

"3. On or about 8th of March, 1969, the plaintiff saw a number of posters at public places with the following inscriptions:-

Public Notice

"By order of the Northern States Marketing Board, the Mortgagee and on the instruction of Messrs. F.A. Thanni and Co., Solicitors to the Board reference NO.K/79/68 dated 19th February, 1969, AND IN THE EXERCISE OF THE BOARD'S STATUTORY POWER OF SALE, I shall sell the following Plots Nos. 28A, 32A, 33A 58A, and 5…

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