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ALH BELLO MAIGARI & ORS. V. ALH SANI MAILAFIYA

(2010) JELR 33680 (CA)

Court of Appeal  •  CA/K/176/08  •  25 Mar 2010  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JOHN INYANG OKORO JCA; THERESA NGOLIKA ORJI - ABADUA JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): By the endorsement on the writ of summons dated 17th January, 2005 taken out of the Registry of the Kaduna State High Court, sitting at Zaria repeated in paragraph 16 of the statement of claim dated the 14th January, 2006, the Appellant made claims against the Respondent as follows -

"1 A declaration that the land in dispute belongs to them having inherited their father.

2. A perpetual order restraining the defendant, his agents, assigns, privies or anyone whosoever

from trespassing or further trespassing on the land in dispute.

3. N50,000 00 general damages

4. Cost of this action."

Thereafter in a motion dated the 17th of January, 2006, the Appellants also prayed the High Court for orders as follows -

1 An order of INTERLOCUTORY restraining the defendant either by himself, his agents, assigns or privies from trespassing or further trespassing and or doing anything prejudicial to the interest of the plaintiffs on the dis…

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