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(2021) JELR 109598 (CA)

Court of Appeal  •  CA/IL/99/2018  •  10 Sep 2021  •  Nigeria

Uzo Ifeyinwa Ndukwe-Anyanwu, JCA Ibrahim Shata Bdliya, JCA Misitura Omodere Bolaji-Yusuff, JCA


MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kwara State delivered in Suit No. KWS/308/2015 on 23/1/2017. The appellant as the claimant commenced the suit by a writ of summons and statement of claim filed on 9/10/2015 and claimed the following reliefs against the respondent:

1. An order directing the defendant to remove his structure/building on the land forthwith and give possession to the claimant.

2. Two Million Naira (N2,000,000.00) damages for trespassing on the claimant’s land.

The respondent filed an amended statement of defence wherein he raised an objection that the suit is statute barred. The case proceeded to trial. Parties called their witnesses and filed written addresses which were adopted by their counsel as their final addresses. In a considered judgment delivered by Honourable Justice M. ABDULGAFAR, the Court below upheld the objection and dismissed the suit. The appellant being diss…

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