judy.legal
Login Register

BOLA DANSALLA v. MUSA NAKEWA

(2017) JELR 37659 (CA)

Court of Appeal  •  CA/J/184/2014  •  24 Mar 2017  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; JAMES SHEHU ABIRIYI JCA; SAIDU TANKO HUSAINI JCA;

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 8th January, 2014 in the High Court of Gombe State holden at Gombe wherein the Respondent was the plaintiff and the Appellant was Defendant.

The claim of the Respondent at the lower Court was for the following:

a) A declaration that only the heirs of the Estate of late Mallam Nakewa Tafutau are entitled to the farmland in accordance with Tangale customs.

b) A perpetual injunction restraining the Defendant by himself, agents and privies from committing further acts of trespass on the farmland.

c) Damages in the sum of N700,000 for acts of trespass by the Defendant.

d) Cost of the suit.

The case of the Respondent simply put was as follows:

The Appellant is a distant relation. The land was founded by the father of the Respondent. The father of the Respondent exercised acts of exclusive possession and ownership of the farmland until he died in 1996.

After the death of the Respondents f…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login