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SULEIMAN MOHAMMAD V. MADA CHAGWA & ORS

(2018) JELR 39187 (CA)

Court of Appeal  •  CA/YL/125/2016  •  18 Apr 2018  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; JAMES SHEHU ABIRIYI JCA; SAIDU TANKO HUSSAINI JCA;

Appearances
Roland C. Emem For Appellant U. D. Silas, with him, J. A. Udeagbala - for 1st Respondent.2nd to 4th Respondents absent and unrepresented by counsel, although the latter was duly served with hearing notice. For Respondent

Judgement
<p>OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): The Appellant as Plaintiff, before the High Court of Adamawa State sitting in Yola (hereinafter called the trial Court) sued the Respondents as Defendants and claimed a declaration of title to a parcel of land situate at Masakare covered by Certificate of Occupancy No. GS/5532-GS/MLS/LAN/8201 dated 8th of April, 1983, Five Hundred Thousand Naira damages for Trespass and Perpetual Injunction. After the settlement of pleadings by the parties, the case went to trial. To buttress his case against the Respondents, the Appellant fielded three witnesses and tendered three documents in evidence. The 1st Respondent in his defence called two witnesses and tendered three documents in evidence. While the 2nd to 4th Respondents jointly called one witness but did not tender any documentary evidence. At the close of the cases for the parties on 28th of January, 2016, the trial Court ordered the filing of written addresses of parties…</p>

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