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E.E.C. LIMITED v. JUSTICE BABA SAJE GUJBA

(2017) JELR 37549 (CA)

Court of Appeal  •  CA/J/112/2016  •  23 Jun 2017  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; UCHECHUKWU ONYEMENAM JCA; ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU JCA;

Judgement

ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, J.C.A.(Delivering the Leading Judgment): The High Court of Justice of Yobe State in its Judgment delivered by Hon. Justice G. M. Nabaruma, Chief Judge, on March 10th 2016, found in favour of the Respondent (the Plaintiff at the Court below) and granted all the reliefs sought by the Respondent. The prosecution of the Respondent's suit at the Court below was pursuant to the order of retrial made by this Court in Appeal No. CA/J/186/2012.

The following were the claims of the Respondent at the Court below:

a. A declaration that the artificial embankment created by the Defendant to protect its excavation site on the boundary of the plaintiffs farmland/orchard at Buni Gari town constitutes nuisance to the plaintiff's farmland/orchard.

b. A declaration that said nuisance created by the Defendant has deprived the Plaintiff from realizing at least Seven Million Naira (N7,000,000.00) from the Plaintiff's farmland/Orchard for over (2) years.

c. A declaration tha…

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