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(2022) JELR 109348 (CA)

Court of Appeal  •  CA/J/184/09  •  21 Jan 2022  •  Nigeria

Ignatius Igwe Agube, JCA Cordelia Ifeoma Jombo-Ofo, JCA Yargata Byenchit Nimpar, JCA


YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Nasarawa State High Court sitting in Lafia and delivered by HON. JUSTICE ISA RAMALAN on the 3rd day of January, 2009 wherein the lower Court entered judgment for the Respondent as per his claim and dismissed the counterclaim of the Appellant. The Appellant dissatisfied with the decision, filed a Notice of Appeal on the 25th day of February, 2009 and an Amended Notice of Appeal dated 30th January, 2019 but filed on the 18th March, 2019 setting out 4 grounds of appeal which sought for the setting aside of the judgment of the trial Court and allowing the counterclaim.

Facts leading to this appeal are straightforward and amenable to brief summary. The Respondent who was the plaintiff before the trial Court filed a writ of summons seeking the following reliefs:

a. A declaration that the title to the piece of land, lying, being and situate at Shendam Road, opposite VIP Guest House, La…

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