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ALHAJI MOHAMMED NABA'U & ORS v. ALHAJI SHERIFF GONI KASHIM & ORS

(2017) JELR 37437 (CA)

Court of Appeal  •  CA/J/1/2016  •  12 Jul 2017  •  Nigeria

Coram
ADAMU JAURO JCA; UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

UCHECHUKWU ONYEMENAM, J.C.A.(Delivering the Leading Judgment): The appeal is founded on the judgment of the High Court of Yobe State sitting in Potiskum in Suit No: YBS/GDM/HC/001/11 delivered on 27th May, 2014; wherein l. W. JAURO J. dismissed the claim of the Appellant in its entirety.

At the trial Court the Appellant who was the Plaintiff by his Writ of Summons and Statement of Claim sought for the following reliefs; to wit:

(a) A declaration that the Plaintiffs are the legal and rightful owners of the farmland.

(b) A declaration that the entry into the said farmlands and claim of ownership by the 1st Defendant is illegal

(c) An order of this honourable Court restraining the 1st, 2nd and 3rd Defendants from taking any further action in respect of the said farmland in dispute pending the determination of this matter.

(d) A perpetual injunction restraining the Defendants his agents, privy or whomsoever acting on the instruction of the Defendant from further trespassing on the farmlands.

(e…

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