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AUGUSTTNE SIMON JIBIYAL v. DR. DAWUDA TSALHATU GOWON & ANOR

(2017) JELR 37481 (CA)

Court of Appeal  •  CA/J/136/2015  •  16 Jun 2017  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the interlocutory decision of Plateau State High Court delivered on 15th day of October, 2014 by Hon. Justice Y.G. Dakwak rejecting the admission of 2 (two) Sale Agreements and Change of Ownership Certificate on the ground that they were unregistered instruments contrary to Sections 2 and 15 of the Land Registration Act.

By a writ of summons dated 2/3/2011 filed along with statement of claim Plaintiff/Respondent commenced an action before the High Court Plateau State claiming against the Defendant/Appellant the following reliefs:

1. For trespass against the Defendant for entering, encroaching and developing a parcel of plaintiff's land covered by R of O No. Pl 2069.

2. A claim for fifteen Million Naira only (N15,000,000) being damages as a result of the said trespass.

3. An order directing the Defendant to pull down the illegal fences erected by him across the plaintiff's land and other developments o…

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