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DR. S.U. ISITOR V. MRS MARGARETH FAKARODE

(2007) JELR 43879 (CA)

Court of Appeal  •  CA/K/8/05  •  30 Apr 2007  •  Nigeria

Coram
BABA ALKALI BA' ABA JCA; AMIRU SANUSI JCA; ABUBAKAR ABDULKADIR JEGA JCA;

Judgement

ABUBAKAR ABDULKADIR JEGA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the Kaduna State High Court of Justice delivered by Honorable Justice Dalhat Ja'afaru in Suit No. KDH/KAD/921/99 on the 15th day of April, 2002. The facts of this case as can be gathered from the record of proceedings and the parties' brief before the court are as follows:-

The respondent as plaintiff at the trial court, commenced an action against the appellant as defendant claiming as per paragraph 15(1) - (7) of the amended statement of claim dated 10th October, 2001 thus:-

"1. A DECLARATION that the defendant's action in entering into and continuing the erection of structures on the property of the plaintiff No. R.27, Giraji Abdulwahab Road, Mando, Kaduna without the consent and authority of the plaintiff constitutes trespass.

2. A DECLARATION that the plaintiff is the legal owner of the other part of the property now known and referred to as NO.R.27 Giraji Abdulwahab Road,…

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