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ESIRI V. YEP & ANOR

(2023) JELR 110725 (CA)

Court of Appeal  •  CA/YL/132/2017  •  10 Feb 2023  •  Nigeria

Coram
Habeeb Adewale Olumuyiwa Abiru Peter Oyinkenimiemi Affen Mohammed Lawal Abubakar

Appearances
M. J. Ifegwu, Esq. the for Appellant(s) M. O. Otokpa, Esq. for the 1st Respondent/Cross Appellant 2nd Respondent/1st Cross Respondent absent and unrepresented by counsel the for Respondent(s)

Judgement

PETER OYINKENIMIEMI AFFEN, J.C.A. (Delivering the Leading Judgment):  ​There is a main appeal and a cross-appeal in these proceedings, which are offshoots of Suit No. TRSG/1/2009: John B. Yep v. Alhaji Saidu Bawa and Anor initiated by a writ of summons issued out of the Registry of the High Court of Taraba State holden at Gembu (“lower Court”) on 27/1/09. The res is a parcel of land known and called Guk, situate along Dembe Road, near Alhaji Panyo’s grazing land in Sardauna Local Government Area of Taraba State. The 1st Respondent/Cross-Appellant, John B. Yep (as plaintiff) claimed declaratory, injunctive and monetary reliefs against the 2nd Respondent/1st Cross-Respondent, Alhaji Saidu Bawa and Dr. Frederick Esiri (as defendants) who subjoined separate counterclaims to their respective statements of defence. The matter proceeded to a full-dressed trial whereat witnesses testified and documents were tendered. In a considered judgment delivered on 29/4/16 (copied at pp. 205 – 232 of th…

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