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MOSES DAN ABARSHI & ORS v. SOLOMON YUSUF

(2016) JELR 37050 (CA)

Court of Appeal  •  CA/A/491/2013  •  23 Mar 2016  •  Nigeria

Coram
MOORE ASEIMO A. ADUMEIN JCA; TANI YUSUF HASSAN JCA; MOHAMMED MUSTAPHA JCA;

Judgement

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of High Court of Justice Minna, Niger State of the 28th of February, 2012 presided over by Honourable Justice A.A. Wambai, dismissing the plaintiff/appellants? claim, who had claimed the following:

"1. A declaration that the plaintiffs are the surviving heirs of late Abarshi who died intestate.

2. A declaration that the plaintiffs are entitled to that piece of land situated inside Kuta town (which is well known to the parties) which the plaintiffs inherited from their late father Mr. Abarshi.

3. A declaration that the construction of structures on the land in dispute by the defendant without the consent and authority of the plaintiffs amounts to trespass and substantial damages for trespass?.

Dissatisfied, the appellants have now appealed by a notice of appeal filed on the 20th of March, 2013, on a sole ground of appeal as follows:

"The learned trial judge erred in law when she gave judgment…

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