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DR. DAVID PABIR MALGWI V. MR. NANMAN PONMAK RINDAP

(2021) JELR 109389 (CA)

Court of Appeal  •  CA/J/496/2018  •  30 Jun 2021  •  Nigeria

Coram
Haruna Simon Tsammani, JCA Yargata Byenchit Nimpar, JCA Joseph Olubunmi Kayode Oyewole, JCA

Judgement

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Plateau State, Jos Judicial Division, holden at Jos, delivered on the 17th October, 2017 by R. K. SHA, J.

​The antecedent facts are that, while negotiations for the sale of the Appellant’s land to the Respondent became inconclusive, the Respondent moved onto the Appellant’s land, demolished his structures and started erecting his own structures thereon. The Appellant’s efforts to stop the Respondent’s activities on the said land proved abortive upon which he took out a writ of summons at the trial Court wherein he sought the following reliefs:

(a) A declaration that the landed property with R of O No PL 48082 lying being at Fwavai Rayfield belongs to the Plaintiff.

(b) A declaration that the action of the Defendant by entering upon the Plaintiff's land, demolishing his fence and erecting structures on it is act of trespass.

​(c) The sum of N734,000.00 (Seve…

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