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POTTER DABUP V. HARUNA BAKO KOLO

(1993) JELR 43255 (SC)

Supreme Court  •  SC.62/1989  •  10 Dec 1993  •  Nigeria

Coram
OLAJIDE OLATAWURA JSC; IDRIS LEGBO KUTIGI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC; YEKINI OLAYIWOLA ADIO JSC;

Appearances
B. R. Fasola, for G. Brown Peterside, S.A.N. For Appellant Kayode Sofola For Respondent

Judgement

OLATAWURA, J.S.C. (Delivering the Leading Judgment): The competing claims by the appellant and respondent were in respect of a piece or parcel of land in Jos, Plateau Sate. Both claimed to have the Certificate of Occupancy. It was when the appellant visited this piece of land that he found the respondent and his workers on the land. There was a challenge. The respondent claimed damages for assault and battery, false imprisonment and damages for trespass. The appellant denied the claims and set up a counter-claim. In view of the issues raised about the counter-claim and the findings of the learned trial judge and the conclusions reached by the Court of Appeal. I consider it necessary to set out the claims and counter-claim verbatim. The appellant and respondent will be referred to as the defendant and plaintiff respectively.

The plaintiffs claims are as follows:

"(a) A declaration that the plaintiffs the owner of the landed property and the structures thereon along Jos-Bukuru Road (Now…

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