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MR. JOSEPH AYIM V. MRS. HELEN AGOM

(2011) JELR 48940 (CA)

Court of Appeal  •  CA/C/207/2009  •  24 Mar 2011  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; JA'AFARU MIKAILU JCA; ISAIAH OLUFEMI AKEJU JCA;

Judgement

KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): The Plaintiff who sued in a representative capacity claimed against the Defendants in suit Nos. HJ/L7/2003, HJ/18/2003 and HJ/20/2003 (which were later consolidated) title to the entire land with four bedrooms compound known and called Uko Utogor in accordance with the Nkim custom, upon the demise of the Defendant, Madam Ushuma Utogor in 2006, she was substituted by her eldest son Joseph Ayim and judgment was entered in favour of the Plaintiff against him in suit No. HJ/20/2003 on 4h February, 2009. He was declared a trespasser and N5,000.00 was awarded as damages for the trespass. In addition to the perpetual injunction against the defendant the court granted the following declaratory reliefs in favour of the plaintiff.

1. The plaintiffs are entitled to the deemed right of occupancy of the land and the four rooms house lying and situated at Ushi-Utamte, Igoli more particularly known and called "UKO UTOGOR'S COMPOUND, USHI…

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