(2001) JELR 44299 (CA)    

Court of Appeal  ·  CA/K/187/99 ·  15 Mar 2001 ·  Nigeria
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria
Core Terms Beta
issue of jurisdiction
garki abuja
jurisdiction of the court
name of the plaintiff
title deed
cause of action
declaration of title
favour of the respondent
federal capital development authority
following reliefs
geographical area
jurisdiction of the lower court
kaduna state
lower court
order of court
personal property
plaintiffs claim
plaintiffs name
said land
said title deeds
title documents
account of the proceed of the land form
alhaji mohammed saka
civil procedure rules
file no. kd
fundamental basis
hearing of the claim
high court
high court kaduna
issue viz
judicial power
land department
leading judgment
learned trial court
learned trial judge
movable property
rabiu danlami muhammad
record shows
respect of land file no kd
return of title document
said court
said land certificate
said reason
said title deed
victor aimepomo oyeleye omage

VICTOR AIMEPOMO OYELEYE OMAGE, J.C.A. (Delivering the Leading Judgment): In the court below the Respondent in this appeal sued the Appellant by a writ of summons filed in the High Court Kaduna, Kaduna State, and claimed the following reliefs:

(a) An order that the defendant should render account of the proceed of the Land form in file No. KD. 1119 opened in July, 1990 in the plaintiffs name at Federal Capital Development Authority (Land Department) Garki Abuja.

(b) An order that the defendant should surrender the title documents in respect of land file No KD. 1119 opened in the name of the plaintiff sometime in July, 1990 at the Federal Capital Development Authority Land Department Garki Abuja."

At the hearing of the claim in the court below the Respondent called three witnesses, while the appellant called two witnesses to deny the plaintiff's claim, the court ruled in favour of the Respondent in the court below, the judgment in the said court is coram Donli J. The following was the s…

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