ALHAJI UBA ABUBAKAR V. DAVID PWASPO

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Justice J. S. Atsi of the High Court of Justice Jos. The Respondent herein was granted the following reliefs:

(a) A perpetual injunction restraining the Appellant.

(b) N15,000 as general damages with an order directing the appellant remove all blocks surrounding the mosque.

Being dissatisfied with the judgment, the Appellant has filed this appeal. The Respondents claims at the lower Court are on page 1 and 2 of the record of appeal while the judgment is on page 65 of the record of appeal. The parties both formulated three issues for determination distilled from the 2 grounds of appeal which are the same though couched differently. I shall however adopt the Respondents issues for determination which read as follows:

1. Whether the lower court was right in its judgment that the Appellant trespassed on the Respondent's land by building a mosque thereon.

2. Whether there was evidence befo…