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IBRAHIM COUNCILLOR JIMLARI v. JAURO SANTI TIPPI

(2010) JELR 41027 (CA)

Court of Appeal  •  CA/J/264/2004  •  6 Jul 2010  •  Nigeria

Coram
BODE RHODES-VIVOUR JCA; UZO NDUKWE-ANYANWU JCA; ABUBAKAR DATTI YAHAYA JCA;

Judgement

ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): At the High Court of Jalingo, Taraba State, the appellant as plaintiff, filed an action against the respondent as defendant claiming for -

"(a) A declaration of title to the parcel of land lying and situated at Abuja, Jalingo measuring approximately 400 x 400 being part of a larger land which plaintiff bought from one Jauro Notani in 1982.

(b) An order of court directing the defendant to remove all he has brought on and deposited on the land.

(c) An order of perpetual injunction restraining the defendant howsoever and by whomsoever from further trespass.

(d) N100,000.00 general damages for trespass.

(e) Cost of filing and prosecution of this action."

The respondent denied the claim and filed a statement of defence. After the exchange of pleadings, the matter went to trial.

The case of the appellant at the trial court in which he called three witnesses and also testified for himself as the fourth witness, is that he purc…

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