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MALLAM MUHAMMADU JIYA V. MUHAMMADU KANYE AGBABO AWUMI & ANOR

(2010) JELR 49044 (CA)

Court of Appeal  •  CA/A/35/2006  •  29 Jan 2010  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; JIMI OLUKAYODE BADA JCA; AYOBODE OLUJIMI LOKULO - SODIPE JCA;

Judgement

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 16/2/2005 by the High Court of Kogi State (coram - Hon. Justice S.K. Otta and Hon. Justice T.S. Yakubu) sitting in its appellate capacity. The said High Court will hereinafter simply be referred to as "the lower court".

The Plaintiff (now Appellant) instituted the instant action against three (3) Defendants before the Upper Area Court No. 1, Lokoja (which will hereinafter simply be referred to as "the trial court") claiming the following: -

"1. An order of declaration that the plaintiff owns Sanmi farmland

2. An order that the defendants shall vacate Sanmi farmland immediately and stop further trespass and threats.

3. An order of permanent injunction to restrain and stop the defendants and their agents from trespassing on the Sanmi farmland.

4. N2,000.00 damage for trespass."

The facts upon which the Plaintiff (who will hereinafter be simply referred to as "the A…

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