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EMMANUEL ATUME V. RAYMOND PWANOGOSHIN BAKODO

(2020) JELR 87191 (CA)

Court of Appeal  •  CA/YL/85/2017  •  10 Jan 2020  •  Nigeria

Coram
CHIDI NWAOMA UWA JCA JAMES SHEHU ABIRIYI JCA ABDULLAHI MAHMUD BAYERO JCA

Judgement

ABDULLAHI MAHMUD BAYERO, J.C.A. (Delivering the Leading Judgment): This Appeal germinated from the judgment of the Adamawa State High Court delivered on 17th October, 2019 by Nathan Musa J. By an amended statement of claim, the Respondent/Plaintiff sought for the following reliefs before the lower Court:

1) A declaration that by virtue of the Certificate of Occupancy No. GS/13993 dated 12th December, 2006, the Plaintiff is entitled to right of use and occupation of all that parcel of land lying, being and situate at Namtari District, Yola South Local Government Area of Adamawa State.

2) ₦500,000 (Five Hundred Thousand Naira) only, general damages against the Defendant for trespass.

3) An Order of perpetual injunction restraining the Defendant, his servants, agents and/or privies from further fomenting acts of trespass on the said parcel of land in any manner whatsoever.

To prove his case, the Respondent/Plaintiff gave evidence as PW1 and called one more witness, tendered Exhibit A (Grant …

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