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UBAYO D. KEDENGS v. YAKONG TADI & ANOR

(2017) JELR 34308 (CA)

Court of Appeal  •  CA/YL/07/2016  •  13 Jul 2017  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; JAMES SHEHU ABIRIYI JCA; SAIDU TANKO HUSAINI JCA;

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 14th May, 2014 in the High Court of Gombe State holden at Gombe wherein the Appellant as plaintiff claimed against the Respondents as Defendants the following:

1. A declaration of title over the land laying situate at Kentengereng Billiri, Billiri Local Government bought by Plaintiff from 2nd Defendant for N700, 000.00 (Seven Hundred Thousand Naira Only.)

2. A declaration that the continued stay of the Defendants on the land constitutes trespass.

3. A perpetual injunction restraining the Defendants and anybody claiming title under them from further entry into the land or developing same.

4. N2, 000, 000.00 examplary (sic) damages

5. N500, 000.00 cost of the action.

The 1st Respondent on his part did not only vigorously defend the suit but counterclaimed for the following:

(a) A declaration of title to this land upon 1st defendant as representing his mother Mrs. Fibi Tadi.

(b) A d…

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