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MOHAMMED KINAMI ABUBAKAR v. MINISTRY OF ENVIRONMENT AND PHYSICAL DEVELOPMENT & ANOR

(2017) JELR 37541 (CA)

Court of Appeal  •  CA/A/334/2017  •  7 Nov 2017  •  Nigeria

Coram
ABDU ABOKI JCA; TANI YUSUF HASSAN JCA; MOHAMMED MUSTAPHA JCA;

Judgement

TANI YUSUF HASSAN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice Lokoja, Kogi State delivered on the 20th day of February, 2017 in Suit No.HCL/67/2011.

The appellant as claimant at the lower Court instituted an action by writ of summons and statement of claim against the respondents as (defendants therein).

The writ reflected at pages 1 11 dated 10th October, 2011 was filed on 12th October, 2011 claiming against the defendants (respondents herein) jointly and severally as follows:

1. A declaration that, the claimant is the statutory owner of plot of land within an urban area on block 5 TCP 08 extension Lokoja measuring 15MX15M (100FT X 100FT)

2. A declaration that, the defendants' act of taking over his land and using his block to build on the said land constituted trespass unto his land.

3. An order awarding the sum of N306,000.00 to the claimant as special damages for the use of blocks, sharp sand and gravel by the 2nd defen…

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