Alhaji Isa Abdullahi & Ors V. Mamman Nur (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ADAMU JAURO, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the High Court of Justice, Borno State presided over by Hon. Justice C.A. Mamza delivered on 9th July, 2014 in suit No.BOHC/MG/CV/110/11, wherein the respondent being a plaintiff before the lower Court instituted an action against the appellants as defendants and claimed for the following reliefs:

“(a) An order declaring the plaintiff the rightful owner of a house containing 17 No. of rooms lying and situate at London Liki Area Maiduguri.

(b) An order declaring the purported sale of the house to the 3rd defendant as null and void.

(c) An injunction restraining the defendants either by themselves, their servant or agents or otherwise whosoever from entering or doing anything in the house.

(d) The plaintiff claims the cost of the suit.”

See page 6 of the record.

In their joint statement of defence before the lower Court, the appellants denied the respondent’s claims and counter claimed as follows:

“(a) An order declaring the 3rd defendant as the title holder of the house in dispute which contained 17 rooms

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located at London Liki Area, Maiduguri.

(b) An order directing the plaintiff to give vacant possession of the house in dispute to the 3rd defendant.

(c) General damages against the plaintiff

(d) Cost of the suit.”