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MR. B. A. DANGOFAA & ANOR V. COLONEL M. K. YUNUSA

(2018) JELR 38776 (CA)

Court of Appeal  •  CA/A/472/2017  •  2 Jul 2018  •  Nigeria

Coram
ABDU ABOKI JCA; TANI YUSUF HASSAN JCA; MOHAMMED MUSTAPHA JCA;

Appearances
Uche Uwazuru Onye with him, Chika Igiri J. For Appellant Silas Joseph Onu with him, Abu Hurairah Musa For Respondent

Judgement

TANI YUSUF HASSAN, J.C.A. (Delivering the Leading Judgment): This appeal is against the Judgment of the High Court of Federal Capital Territory, Abuja delivered on the 31st day of March, 2017 in Suit No. FCT/HC/1609/15 by Hon. Justice A. O. Ebong.

The appellants as plaintiffs at the Lower Court by a writ of Summons and Statement of claim dated and filed on the 17th of April, 2015 claim against the respondent as defendant therein as follows:

1. A declaration that the 2nd plaintiffs Customary Right of Occupancy and the title over Plot No. 270 Gbazango Layout Kubwa Abuja FCT is still valid, and subsisting and he is entiiled to same.

2. A declaration that the defendant's invasion of the 2nd plaintiff's plot of land, pulling down and destroying of his perimeter block wall and other work materials and erecting of military sign board thereon is unlawful, mischievous and calculated to annoy and embarrass the 2nd plaintiff and therefore amounts to trespass.

3. The sum of N147,500.00k being special…

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