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(2021) JELR 109448 (CA)

Court of Appeal  •  CA/YL/24/2021  •  31 Dec 2021  •  Nigeria

Chidi Nwaoma Uwa, JCA Bitrus Gyarazama Sanga, JCA Jamilu Yammama Tukur, JCA


BITRUS GYARAZAMA SANGA, J.C.A. (Delivering the Leading Judgment): Suit No. ADSY/126/2014 was instituted by one PETER SHILLARJU (now deceased) and MANASA BELLO (2nd Respondent) as Plaintiffs. They sued the 3rd Respondent, the Appellant and the 4th Respondent as 1st, 2nd and 3rd Defendants vide a Writ of Summons and Statement of Claim before the High Court of Justice Adamawa State, Yola Judicial Division Tafida J., presiding seeking for the following reliefs:

1. A declaration that the plaintiffs are the owners of house Nos. 4 and 5 respectively and all the portion of land annexed thereto lying and being situate (sic) at Opposite Vocational Training College (VTC) Song, Song Local Government Area of Adamawa State.

2. A declaration that the action of 1st Defendant in selling the Plaintiffs’ land and the 2nd Defendant in building on the Plaintiffs’ land respectively amounted to trespass.

3. The sum of Five Hundred Thousand Naira (N500,000.00) as general damages for trespass against the defenda…

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