LIVINUS NWAOGUGU & MALLAM SALEH BALA IKKO V. NULIK NIG LIMITED

ABBA BELLO MOHAMMED, JCA (Delivering the Leading Judgment): As Plaintiff, the Respondent herein commenced an action against the Appellants, as Defendants before the High Court of Niger State sitting at Suleja, vide and Amended Writ of Summons and Statement of Claim filed on 10th May, 2005. (see pages 27 – 34 of the Record of Appeal). The Respondent claimed the following reliefs against the Appellants:

1. A declaration of statutory right of occupancy in favour of the Plaintiff over all that piece of land covered by Certificate of Occupancy No. NGS 14323 issued to Nulik Nigeria Limited on 8th August, 1994.

2. The sum of Two Hundred Thousand (N200,000.00) Naira as general damages for trespass.

3. Perpetual injunction restraining the Defendants, his servants, agents or privies from committing acts on the Plaintiff’s land.

The case of the Respondent at the trial court was that it purchased the land in dispute from one Alhaji Mai Angwan Dobala Kwamba, after which the Respondent applied to the Niger Stat…