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SILAS BADO V. MELA ABBA & 2 ORS

(2023) JELR 110543 (CA)

Court of Appeal  •  CA/G/83/2022  •  29 Mar 2023  •  Nigeria

Coram
Ali Abubakar Babandi Gumel JCA Ebiowei Tobi JCA Adebukunola Adeoti Ibironke Banjoko JCA

Appearances
Ayuba Adamu, Esq. For the Appellant(s) Emmanuel Nwaekwe, Esq . For the Respondent(s)

Judgement

EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): This appeal filed by the Appellant who was the Defendant in the lower Court is against the decision of the Gombe State High Court, coram; Hon. Justice S. Y. Abubakar wherein the Court vested title over the disputed land on the Respondents, the Plaintiffs in the lower Court. His lordship judgment is found at pages 185-212 of the record of this appeal. Granting the reliefs of the Plaintiffs before it, the Court at page 212 of the record held as follows:

“On the whole the Plaintiffs having proved their case on the balance of probabilities judgment is hereby entered in their favour in the following terms.

1. It is hereby declared that title over that piece of and situate at La’antaka Tal District Biliri LGC is vested in the Plaintiff.

2. It is further declared that the act of the Defendant's entry amount to trespass upon the land of the Plaintiffs.

3. Any order of perpetual injunction is hereby made restraining the Defendant by himself o…

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