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THE COUNCIL, ADAMAWA STATE UNIVERSITY & ORS v. ALHAJI NUHU WAKILI

(2021) JELR 109381 (CA)

Court of Appeal  •  CA/YL/10/2020  •  7 Jun 2021  •  Nigeria

Coram
Chidi Nwaoma Uwa, JCA Bitrus Gyarazama Sanga, JCA Jamilu Yammama Tukur, JCA

Judgement

JAMILU YAMMAMA TUKUR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Adamawa State in SUIT NO: ADSY/19M/2016 delivered on 30th January, 2019, by Honourable Justice Nathan Musa wherein the Court gave judgment in favour of the Respondent.

A summary of the material facts of the case leading to this appeal, is that the Respondent acting on his belief that the Appellants had trespassed and unlawfully taken possession of his land, instituted an action before the lower Court via a Writ of Summons and by an Amended Statement of Claim dated 10th February, 2017, claimed against the Appellants as follows:

1. A declaration that the Plaintiff is entitled to all that parcel of land situate and lying in Mubi town consisting of an area of 4853.84sqm and bounded by beacon Nos. GM22, GM23, GM32 to GM31 and covered by a Certificate of Occupancy No. GS/2467.

​2. A declaration that the entry, taking over, destruction of Plaintiff’s properties on the land…

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