Alhaji Aminu Alhassan Dantata V. MR. Elias Antoun Dahboul & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA AUDI WAMBAI, J.C.A. (Delivering the Leading Judgment)

This appeal is from the decision of the Kano State High Court sitting in Kano in suit No. K/M302/2005 delivered on 22nd September, 2011 by Honourable Justice Patricia Mahmud, wherein the learned trial Judge entered Judgment in favour of the 1st Respondent against the Appellant and the 2nd & 3rd Respondents to this Appeal.

The 1st Respondent, as plaintiff at the lower Court, sought against the Appellant and the 2nd & 3rd Respondents (as 1st – 3rd Defendants) as per his statement of claim, the following reliefs:-

WHEREOF, the plaintiff claims against the Defendants jointly and severally as follows:-

“An Order setting aside and nullifying the Certificate of occupancy Nos. RES/2004/622 and RES/2004/623 covering properties situate at and known as No’s 112 and 124 Ibrahim Taiwo Road (formerly city Road) respectively issued in favour of the 3rd Defendant

A Declaration that the plaintiff is the rightful owner of the properties situate at and known as Nos. 112 and 124 Ibrahim Taiwo Road (formerly City Road) Kano covered by Certificate of Occupancy No’s KN 806

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and KN 807.

An Order of perpetual injunction restraining the 3rd Defendant either personally or through his agents, servants or privies or whatever name called from continuing to trespass on the plaintiff s properties situate at and known as Nos. 112 and 124 Ibrahim Taiwo Rood (formerly City Rood) Kano.

General damages against the 3rd Defendant for trespass.

An Order compelling the 1st and 2nd Defendant to register the transfer of the properties situate at and known as No.s 112 and 124 Ibrahim Taiwo Road (formerly City Road) Kano.

An Order compelling the 1st and 3rd Defendants to issue a Certificates of Occupancy covering situate at and known as No’s 112 and 124 Ibrahim Taiwo Road (formerly City Road) Kano in favour of the plaintiff.

The facts giving rise to this appeal on the pleadings are that the plots of Land, subject matter of this appeal were originally owned by one Mr. Anthony Joseph Dahboul (the father of the 1st Respondent) and the original holder of Certificate of Occupancy No. 3169 issued to him by the then Government of Defunct Northern Region of Nigeria with its headquarters in Kaduna, in respect of the properties situate

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