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SUNDAY ABO v. TYOFA AANYAM

(2017) JELR 38010 (CA)

Court of Appeal  •  CA/MK/231/2014  •  20 Jan 2017  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; ONYEKACHI AJA OTISI JCA; JOSEPH EYO EKANEM JCA;

Judgement

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Benue State holden at Makurdi (the trial Court) in Suit No. MHC/97/2011 delivered on 17th April, 2013. In the judgment, the trial Court found in favour of the respondent (qua plaintiff) and entered judgment in his favour, granting all the reliefs claimed by him except special damages. The trial Court dismissed the counter claim of the appellant.

Aggrieved by the decision, the appellant who was the defendant/counter-claimant at the trial Court has appealed to this Court by way of a notice of appeal filed on 22nd May, 2013, which bears eleven grounds of appeal.

It is pertinent to set out in summary the facts of the case leading to this appeal for ease of understanding of the issues that will be considered in the determination of this appeal. The appellant and respondent lay claim to ownership of a piece of land lying and situate behind the Federal Low Cost (Housing Estate)…

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