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DR. DALHATU ARAF V. MR. V. ONYEDIM

(2010) JELR 33606 (CA)

Court of Appeal  •  CA/J/254/2004  •  16 Jun 2010  •  Nigeria

Coram
BODE RHODES-VIVOUR JCA; UZO NDUKWE-ANYANWU JCA; ABUBAKAR DATTI YAHAYA JCA;

Judgement

ABUBAKAR DATTI YAHAYA, J.C.A.(Delivering the Leading Judgment): Paragraph 29 of the Amended Statement of Claim dated the 30th of October, 1998 contains the claims of the plaintiff, now respondent, which read -

"A. A declaration that the plaintiff is the exclusive rightful owner of the parcel of land measuring approximately 100ft by 135ft and lying and situate at JG2TA Gigiring Village, Du District of Jos South Local Government Area of Plateau State vide and by virtue of acquisition from MR. PATRICK DALYOP, the original customary owner.

B. A declaration that the encroachment on the said land by the defendant and the subsequent conversion of Plaintiff's materials on the site for the use and development of the same plot without the consent and/or approval of the Plaintiff let alone compensating him is unlawful, illegal, unconstitutional, manifestly in bad faith, a transgression of plaintiff's right to property and tantamount to trespass.

C. A mandatory order compelling the defendant, hi…

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