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ABE & ANOR v. DAMAWA & ANOR

(2022) JELR 109926 (SC)

Supreme Court  •  SC.469/2011  •  6 May 2022  •  Nigeria

Coram
Mary Ukaego Peter-Odili John Inyang Okoro Abdu Aboki Ibrahim Mohammed Musa Saulawa Tijjani Abubakar

Judgement

TIJJANI ABUBAKAR, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal Makurdi Division delivered on the 24th day of May, 2011. The Court of appeal in its judgment affirmed the decision of the High Court of Justice Benue State delivered by Justice T.U.F Puusu. At the trial Court, by the statement of claim of 16th April, 2003, the 1st Respondent as plaintiff claimed as follows: 

a. "N300,000.00 general damages in trespass 

b. N300,000.00 general damages for the delay caused plaintiff's intended development of plot. 

c. Perpetual injunction restraining the defendant, his privies and agents from further trespass on disturbance of the plaintiff on the plot

d. A declaration that the plaintiff is the owner of plot BNC 7143 by virtue of deemed right of occupancy and by confirmatory allocation approval of his right by the Benue State Government." 

The case of the 1st Respondent as Plaintiff at the trial Court is that he had been in possession of a …

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