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BARRISTER MUSA SALE KILAWA v. MR. ZAKARI SARAKI KALSHINGI & ANOR

(2018) JELR 38475 (CA)

Court of Appeal  •  CA/J/431/2017  •  25 Apr 2018  •  Nigeria

Coram
UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Gombe State delivered by Honorable Justice H. A. Barka (as he then was) in Suit No GM/243/2005 on the 12th of October 2011. The matter is in respect of a dispute over land and the action in the lower Court was commenced by the first Respondent against the Appellant and the second Respondent, as first and second defendants respectively. The first Respondent sought for a declaration of ownership of a parcel of land situate along Biu Road near the Railway Junction and measuring approximately 2160.76 square meters, declaration that the statutory right of occupancy granted by the second Respondent in favour of the Appellant over portions of the land, despite his protests, amounted to trespass and was null and void, damages for trespass and for an order of perpetual injunction to restrain further trespass.

The original first defendant in the case before the lower…

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