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MR. PAM DALYOP v. FIDELIS YUNTOE MADALLA

(2017) JELR 37402 (CA)

Court of Appeal  •  CA/J/222/2016  •  28 Apr 2017  •  Nigeria

Coram
ADAMU JAURO JCA; UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): The judgment is in respect of an appeal against the decision of the High Court of Plateau state in Suit No: PLD/J462/2013; DELIVERED on 31st May, 2016; wherein David G. Mann J. decided in favour of the plaintiff/Respondent. Dissatisfied with the decision of the trial Court, the Appellant has approached this Court by a notice of Appeal filed 8th June, 2016 with ten Grounds of Appeal. Briefs were filed and exchanged and the appeal heard on 13th March, 2017.

The Plaintiff commenced this suit by a writ of summons filed on 10th October, 2013 with the following endorsement thereon, which is repeated in paragraph 13th of the statement of claim:

"Whereof the Plaintiff claims against the Defendant as follows:

1. A DECLARATION that the Plaintiff is the rightful owner of all that parcel of land with an uncompleted building thereon situate at Gwarandok Rak in Hwak District of Jos South Local Government Area (Land in dispute).

2. A DECLAR…

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