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(2021) JELR 109560 (CA)

Court of Appeal  •  CA/G/69/2018  •  29 Mar 2021  •  Nigeria

Jummai Hannatu Sankey, JCA Tunde Oyebanji Awotoye, JCA Ebiowei Tobi, JCA


JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This Appeal is against the judgment of the High Court of Justice, Yobe State delivered on November, 16, 2017, Coram: G.M. Nabaruma, J.

The brief facts leading to the Appeal are that the Plaintiff (now Respondent) filed an action against the Defendant (now Appellant and by his Further Amended Statement of Claim, claimed the following:

a. “A declaration that the plaintiff is entitled to the grant of statutory right of occupancy in respect of plots 1101, 1102, 1120 and 1121 at Sabon Gari Annex Layout, Potiskum.

b. N200, 000= (Two Hundred Thousand Naira) as damages for trespass.

c. Perpetual injunction restraining the defendant, agents, assigns and successors-in-title from trespassing into plots 1101, 1102, 1120 and 1121 at Sabon Gari Layout, Potiskum.

d. Cost of this suit.”

The Defendant filed his Statement of Defence wherein he denied the claim. Pleadings having been exchanged and issues joined, both parties called witnesses and…

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