Alhaji Habib Bako V. Mallam Samaila Mai-adashi (1996) LawGlobal-Hub Lead Judgment Report OGEBE, J.C.A.  The appellant sued the respondent in the High Court of Justice Kaduna claiming as follows in paragraph 17 of the Statement of Claim:- “Whereof the plaintiff claims right of way over the passage on the left hand side of plot B.…

Alhaji Abubakar Girgiri V. Elf Marketing Nigeria Limited (1996) LawGlobal-Hub Lead Judgment Report OGUNTADE, J.C.A.  The appellant as plaintiff in Suit No. M/163/94 before the Maiduguri High Court of Borno State brought a suit against the respondent (as defendant) claiming the following reliefs: “(i) A declaration that the purported deed of sublease is illegal, null…

Sobie Ojimba & Ors V. Peter Ojimba & Ors (1996) LawGlobal-Hub Lead Judgment Report ONALAJA, J.C.A. The plaintiffs now referred to in this judgment as the respondents sought and were granted leave at the High Court of Rivers State holden in Port Harcourt to commence and institute the action there, in a representative capacity. By…

Adesesan Afolorunso Oguntayo & Ors V. Chief Kessignton a. Adebutu & Ors (1996) LawGlobal-Hub Lead Judgment Report MUHAMMAD, J.C.A.  Judgment in this matter was delivered at the Federal High Court, Lagos on 13th December, 1990. The appellants herein, who were the defendants at the lower court, were dissatisfied with the decision. They filed their Notice…

Robert Nnaji V. Joseph Ede (1996) LawGlobal-Hub Lead Judgment Report ACHIKE, J.C.A. The original suit for declaration of title to land etc. was between the plaintiffs, (not parties to this appeal), and the 1st defendant/respondent. The 1st defendant/respondent’ s statement of defence contained a counter-claim against the plaintiffs wherein he claimed an extensive area of…

Alhaji Balele Rafukka V. Ahmadi Kurfi (1996) LawGlobal-Hub Lead Judgment Report MOHAMMED, J.C.A. The appellant in this appeal was the owner of landed property known and called Rafukka Supermarket at Katsina covered by a statutory certificate of occupancy No. NC 2480 dated 30th December 1976. In order to secure loan and overdraft facilities, the appellant…

Abiya Rakwa & Ors V. Bata Swallangwa Lassa (1996) LawGlobal-Hub Lead Judgment Report EDOZIE, J.C.A. In an action commenced on 10/6/87, in the Uba Area Court, the respondent as plaintiff sued five named defendants claiming title to and possession of a certain piece of farmland. The respondent’s case was that he bought the land in…

Abi Yarkwa & Ors V. Barta Shallangwa (1996) LawGlobal-Hub Lead Judgment Report ORAH, J.C.A.  The appellants/applicants brought an application on notice dated 31st April, 1995 and filed on 16/5/95 in the Court of Appeal pursuant to Order 3 Rules 3 and 4 the Court of Appeal Rules 1981 (as Amended) and Section 6(6)(A) of the…

Alhaji Jamiu Olokotintin V. Saamu Sarumi & Ors (1996) LawGlobal-Hub Lead Judgment Report OGEBE, J.C.A.  The appellant sued the respondents before an Ilorin High Court claiming in paragraph 13 of the statement of claim as follows:- “whereof the plaintiff claim (sic) against the defendants the following:- a. A declaration that the plaintiff is the occupier/holder…

Alh. Moh. Nuru V. Alh. Abdu Kore (1996) LawGlobal-Hub Lead Judgment Report OGUNTADE, J.C.A.  At the Jos High Court of Plateau State, the appellant as plaintiff brought a suit against the respondent as defendant for fraudulent misrepresentation. The appellant (hereinafter referred to as the plaintiff) claimed as follows in paragraph 26(a) and (b) of the…