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MALLAM SALIU GAMBARI v. MADAM ABIBAT AMOPE

(2017) JELR 38201 (CA)

Court of Appeal  •  CA/IL/76/2016  •  2 Mar 2017  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; CHIDI NWAOMA UWA JCA; HAMMA AKAWU BARKA JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Kwara State High Court sitting at Ilorin (CORAM: M. A. FOLAYAN, J.), delivered on the 15th day of March, 2016.

By Writ of Summons and Statement of Claim filed on 23-12-2011, the Respondent as Claimant claimed against the Appellant as follows:-

i. A Declaration that the Claimant is the owner of the land together with the structures erected on it situate at No. 89, Abdul Azeez Attah Road, Baboko, Ilorin.

ii. N500,000.00 damages for Trespass against the Defendant.

iii. Perpetual injunction restraining the Defendant from committing or/and further committing trespass upon the land together with the structures erected on it.

iv. Cost of this suit.

By a statement of Defence and counter claim of 22-01-2014, the Respondent counter-claimed as follows:-

1. Declaration that the Defendant is the owner of a piece of land upon which three shops are erected situate at Baboko, Ilorin measuring 35 x…

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