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CONSOLIDATED TIN MINES LIMITED & ANOR v. YUSUF ALHAMDU MANGU

(2017) JELR 37469 (CA)

Court of Appeal  •  CA/J/78/2016  •  9 Jun 2017  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; ADAMU JAURO JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A.(Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Plateau State delivered in Suit No PLD/J392/1999 by Honorable Justice Y. B. Nimpar (as he then was) on the 11th of June, 2013. The Respondent commenced the action in the lower Court and his claims were for declaration of ownership of a parcel of land measuring 2.87 acres (1.6 hectares) lying, being and situate at Gura Landoh, Gyel along Express Road, Bukuru in Jos South Local Government Area of Plateau State and damages for trespass and for an order of perpetual injunction against the Appellants. The Appellants counterclaimed in trespass and they prayed for damages for trespass and perpetual Injunction.

The case of the Respondent on the pleadings was that he was the customary owner of the land in dispute and that he derived his ownership through inheritance and that the land was first cleared and settled upon by his great grandfather called Gai and that the …

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