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NEHEMIAH DILALI & ORS V. BUBA LEKA & ORS

(2018) JELR 39473 (CA)

Court of Appeal  •  CA/YL/33/2017  •  13 Feb 2018  •  Nigeria

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

Appearances
Chief Caleb Ubale Esq. For Appellant Emmanuel Nwaekwe Esq. For Respondent

Judgement
<p>JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered 19th May, 2016 in the High Court of Gombe State holden at Gombe.</p><p>The Respondents as plaintiffs took out a writ of summons against the Appellants as defendants claiming for the following:</p><p>(a) A declaration that the plaintiffs are vested with title over that piece of land situate at Bakka as covered by the site plan dated 9/8/2012.</p><p>(b) A declaration that the acts of the defendants amounts to trespass upon the plaintiffs piece of land.</p><p>(c) A perpetual injunction restraining the defendants in person or their agents, servants, privies, or heirs from tampering with the peaceful occupation of the plaintiffs piece of land.</p><p>(d) The sum of N2m as general damages for trespass</p><p>(e) Cost of this action and incidental expenses.</p><p>In an amended statement of defence and counterclaim, the Appellants counterclaimed for the following:</p><p>(a) A declaration of title to all that (sic) farmlands lying and situa…</p>

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