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BARNABAS GALLEON & ORS V. USMAN MAI BILLE

(2017) JELR 37709 (CA)

Court of Appeal  •  CA/YL/138/2015  •  2 Mar 2017  •  Nigeria

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

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 27th July, 2015 in the High Court of Adamawa State holden at Yola.

The Appellants in that Court were the Defendants. The Respondent was the plaintiff in the lower Court.

The Respondents claim against the Appellants was for a declaration of title to a parcel of land lying and situate at Bakin Bobini in Guyuk Local Government, a perpetual injunction restraining the Appellants from further entering, tampering and interfering with the Respondents farmland, One Million Naira general damages and cost of the suit.

The facts of the case are simple and short. According to the Respondent, he holds title to the land in dispute. He inherited it from his father. His father first cleared the land when it was virgin. He had quiet possession of the land until 2011 when the Appellants trespassed into the land and started cultivating it.

On discovering the unlawful acts of the Appellants, the Res…

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