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ALIYU MAIYAKI v. ALHAJI ROBA MAIDOYA

(1988) JELR 40939 (CA)

Court of Appeal  •  CA/J/48/87  •  21 Apr 1988  •  Nigeria

Coram
UMARU MAIDAMA JCA; REIDER JOE JACKS JCA; ALOMA MARIAM MUKHTAR JCA;

Judgement

MAIDAMA, J.C.A. (Delivering the Leading Judgment): The main issue raised by this Appeal is whether it is proper for a Court to raise an issue suo motu and decide on it without giving the parties to the proceedings an opportunity of being heard. The facts which gave rise to this appeal are as follows:

The plaintiff, who is now the appellant, took out a writ of summons against the defendant, in Suit No. HJ/158/84, in the High Court of Justice, Jos, asking for the following reliefs:-

(a) a declaration of title/ownership of all that piece of land situate along Keffi-Gunduma-Keffi Road in the Keffi Local Government Council Area of Plateau State of Nigeria consisting of 72.03 hectares, the boundaries of which are delineated by a red verged line on the plan attached to a Certificate of Occupancy No. PL 5943 which covers the said piece of land.

(b) Perpetual injunction restraining the defendant, his agents and or servants from further trespassing on the land.

(c) N5,000.00 (Five thousand Nair…

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