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BAB FALARE NGUBDO V. GONI BUBA ANNA

(2011) JELR 57233 (CA)

Court of Appeal  •  CA/J/275/2008  •  7 Jun 2011  •  Nigeria

Coram
ZAINAB ADAMU BULKACHUWA JCA (Presided) TOM SHAIBU YAKUBU JCA ITA GEORGE MBABA JCA (Read the Lead Judgment)

Appearances
Idi Ali Esq. - for the Appellant. -*- Francis Oronsaye Esq. - for the Respondent.

Judgement

MBABA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Adamawa State High Court in suit No. ADSC/7/03 delivered by Hon. Justice Bobbo Umar on 1 July 2008, whereof the learned trial judge held for the plaintiff, awarding him title to the land in dispute, and ordered the defendant to remove all the structures he put on the land and vacate the land. Appellant was the defendant at the court below and brought this appeal against the whole decision of the trial court.

At the lower court, the plaintiff, by writ of summons, sought the following reliefs: “(1) A declaration that theplaintiff is entitled to exclusive possession of all that property lying and situate at Hausare Ward, Michika town covered by a right of occupancy No. ADSC/6748 covering an area of 1132.49 square metres. An order ejecting the defendant from the plaintiff’s plot of land, lying and situate at Michika and covered by a right of occupancy No. ADS/6748.

Damages for trespass.

(4) An order that th…

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