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EDWARD GOJI V. JOSEPH EWETE

(2006) JELR 33067 (CA)

Court of Appeal  •  CA/J/201M/01  •  6 Apr 2006  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; IFEYINWA CECILIA NZEAKO JCA; MUHAMMAD LADAN TSAMIYA JCA;

Judgement

AKAAHS, J.C.A. (Delivering the Lead Ruling).: Edward Goji sued Joseph Ewete before the Upper Area Court, Jos on 8/8/90 in suit No. JUAC-CU-04-89 claiming damages for trespass over a piece of land in Laranto, Jos within Jos Metropolis. In the course of the trial, learned counsel for the defendant brought a motion before the said Upper Area Court praying that court to strike out the suit for lack of jurisdiction since the land was held under a statutory right of occupancy. The Upper Area court ruled on the application refusing to strike out the suit. The defendant appealed to the Plateau State High Court against the ruling. The High Court sitting on appeal (Coram Oyetunde J., and Galadima J., (as he then was) affirmed the decision of the Upper Area Court and dismissed the appeal in suit No. PLD/J76A/90. The Upper Area Court then proceeded with the case and entered judgment for the plaintiff. Aggrieved with the decision, the defendant appealed to the High Court (now differently constitut…

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