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ENGR. YAKUBU IBRAHIM & ORS V. SIMON I. OBAJE

(2005) JELR 40682 (CA)

Court of Appeal  •  CA/A/82/2003  •  19 Jan 2005  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JCA; ALBERT GBADEBO ODUYEMI JCA; MARY UKAEGO PETER-ODILI JCA;

Appearances
Chief Karina Tunyan with him, A.E. Eradiri (Mrs) For Appellant Tochukwu T. Nwazota, Esq. For Respondent

Judgement

MARY UKAEGO PETER ODILI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice U. I. Ndukwe Anyanwu of the Abuja High Court dated 30th July, 2002 wherein the learned trial Judge granted a declaration of title to land in respect of a piece of land situate at plot F96, Dutse Alhaji, Abuja, FCT, perpetual injunction restraining the appellants from committing further acts of trespass on the said land and ₦1.6 million damages awarded against the appellants as special damages for trespass. The appellants being dissatisfied filed an appeal to this Court on a notice of appeal dated 8th day of August 2002.

RELIEF SOUGHT:

An order setting aside the judgment of the lower Court and an order dismissing the plaintiff's case at the lower Court. The parties filed their briefs of argument in accordance with the rules and exchanged same.

FACTS:

From the statement of claim, the plaintiff/respondent asserted that he is the owner of the landed property known and desc…

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