(2015) JELR 45716 (CA)    

Court of Appeal  ·  CA/J/94/2012 ·  2 Feb 2015 ·  Nigeria
JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria IBRAHIM SHATA BDLIYA Justice of The Court of Appeal of Nigeria ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU Justice of The Court of Appeal of Nigeria
Core Terms Beta
statement of claim
bulumkutu tsallake
borno state
trial court
learned trial judge
piece of land
alhaji tijani saleh geidam
constitution of the federal republic of nigeria
delivery of the judgment
documents of title
plot of land
alhaji musa umar
court of appeal rules
delivery of judgment
following issues
lower court
purchase price
right of occupancy
supreme court
additional grounds of appeal
alhaji molake
claims of the appellant
defendant repeats paragraphs
findings of the learned trial judge
following comments
following reliefs
general damages of the sum of n500,000.00
high court of justice
ibrahim miyimico
instance of the defendant
intimidation of the plaintiff
land use act
leading judgment
mallam kyari
original allottee of the land
plaintiff claims
price of the piece of land
produce evidence of authority
said piece of land
sale of the piece of land
statement of defence
supporting evidence
various times

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): Alhaji Musa Umar (hereinafter known as the plaintiff/appellant) had a dispute with Alhaji Tijani Saleh Geidam (hereinafter called "the defendant/respondent") relating to a piece of land measuring "about 500x250 meters" lying and situate at Bulumkutu Tsallake, Maiduguri, Borno State consisting of 15 rooms, and a bakery which the appellant/plaintiff alleged he had purchased from the defendant/respondent and is entitled to a Right of Occupancy over the plot of land. The dispute went before the High Court of Justice, Maiduguri, Borno State. The writ of summons was filed by the appellant on 3rd March, 2002. Paragraph 25 of the statement of claim sought the following reliefs against the respondent:

"25. WHEREFORE the plaintiff claims from the defendant:

(a) A declaration that the sale of the piece of land measuring about 500 by 250 meters to the plaintiff by the defendant's brothers, agents, servant, and/or privies is valid, subsist…

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