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INTERNATIONAL BEER AND BEWERAGES INDUSTRIES LIMITED & ANOR v. MUTUNCI COMPANY (NIG) LTD.

(2011) JELR 33505 (CA)

Court of Appeal  •  CA/K/138/2007  •  10 May 2011  •  Nigeria

Coram
MARY U. PETER-ODILI JCA; JOSEPH TINE TUR JCA; OBANDE F. OGBUINYA JCA;

Judgement

OBANDE F. OGBUINYA, J.C.A. (Delivering the Leading Judgment): Before the High Court of Kaduna State, presided over by Hon. Justice Abdulkadir Othman, the respondent, as plaintiff, in suit No. KDH/KAD/313/03, sued the appellants, jointly and severally, claiming a declaration, orders damages and injunction over a plot of land situate and known as plot E7 Kudenda Industries Layout, Kaduna. The parties filed and exchanged pleadings.

From the processes filed, the facts of the matters are not complicated. The plot in dispute originally belonged to a company called Yakamata Multicom Ltd. The first appellant claimed that it purchased a strip of that plot, measuring 169.53M by 6m, from the said Yakamata Multicom Ltd. in July, 1999 because its underground pipes, which discharged waste products from its factory into Kaduna Rivers, were buried therein.

On its part, the respondent claimed that it purchased the entire plot of land from the same Yakamata Multicom Ltd; in 2001, without the latter di…

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