(2000) JELR 44193 (SC)    

Supreme Court  ·  SC.219/1994 ·  23 Jun 2000 ·  Nigeria
Other Citations
Salami v. Mohammed (2000) 9 NWLR (Pt.673)469 (2000) 6 SC(Pt II) 37 (2000) 11 W.R.N 76 S.C
Salami v. Mohammed (2000) 9 NWLR (Pt. 673) 469
ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
grounds of appeal
customary court of appeal
1st defendant
trial court
briefs of argument
context of the land use act
hajiya hurairat
judgment of the trial area court
land matter
leading judgment
trial central area court jos
urban area
2nd appellant
2nd appellants
central area court
court fees
court of appeal jos division
customary court of appeal judgment
customary practice
different times
elder brother
following complaint
following judgment
ground of misconduct
ibrahim muhammedu appeal no. cca
incidence of customary law
incidence of the provision of the land use act
leave of that court
lower courts
meticulous consideration of the respective briefs
name haliru mustapha
narrow issue
plaintiffs complaint
plateau state customary court of appeal
plateau state judiciary
preliminary points
reason of my complain
rooms singles
said haliru mustapha
second point
set of rooms
simple facts of this case
subject matter
view of the apparent lack of authority

WALI, J.S.C. (Delivering the Leading Judgment): Before the Central Area Court 1, Jos, Plateau State Judiciary, the appellant as plaintiff brought the following complaint against the 1st defendant, now the respondent:-

"I sue Alhaji Bala Muhammed in that I stay in his house for about eighteen years as tenant and I am paying the rentage every month but he later on sold the house to one of the tenants by name Haliru Mustapha without informing us whether we have means to buy the house or not, while the said Haliru Mustapha (is not reach up) stay there for about 19 years, that is the reason of my complain."

The defendant in answer to the plaintiffs complaint stated as follows:

"At first the house does not belong to me the defendant, it is for orphans. (Marayu) and they are three in number, each of them has two rooms and each one of them sold the house (her share) to one person but at different times; the time they sold (their shares) I was not there but I am the person who signed for the…

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