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(2021) JELR 109601 (CA)

Court of Appeal  •  CA/YL/61/18  •  8 Feb 2021  •  Nigeria

Chidi Nwaoma Uwa, JCA James Shehu Abiriyi, JCA Abdullahi Mahmud Bayero, JCA


CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment of the High Court of Taraba State (hereafter referred to as the lower Court) delivered by Nuhu S. Adi, J. on 10th October, 2017 wherein all the reliefs sought by the Respondent as plaintiff were granted. The Appellants as Respondents were aggrieved by the said decision thus this appeal.

The background facts are that the Respondent and her late brother whose name was struck out on his demise took out a writ of summons against the 1st Appellant, with the leave of Court the 2nd – 5th appellants were later joined as Defendants. At the lower Court, the Respondent sought the following reliefs:

1. “An Order declaring the defendant’s act of evicting the plaintiffs and their mother from living house situates (sic) at Magami Quarters Alkali Pate Road, as unlawful, illegal and a clear violation of their rights to acquire and own immovable property as guaranteed under Sections 43 and 44 of the Constitutio…

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