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NIGERIAN ROAD CONSTRUCTION CO. LTD. V. MADUGU COMMERCIAL & CONSTRUCTION CO. LTD., MUSA GARBA., COMMISSIONER OF POLICE ADAMAWA STATE., ATTORNEY GENERAL OF ADAMAWA STATE. & PRIAM GROUP OF COMPANIES LTD.

(2023) JELR 113111 (CA)

Court of Appeal  •  CA/YL /148/2020  •  15 Feb 2023  •  Nigeria

Coram
ISAIAH OLUFEMI AKEJU, JCA HABEEB ADEWALE OLUMUYIWA ABIRU, JCA MOHAMMED LAWAL ABUBAKAR, JCA

Appearances
J. A. Ogodi Esq., learned Counsel for the Appellant. J. W. Nimtas Esq., learned Counsel for the 1st, 2nd, and 5th Respondent. J. A. Waya Esq., Senior State Counsel with D. I. Kulthu Esq., Adamawa State Ministry of Justice, learned Counsel for the 4th Respondent.

Judgement

MOHAMMED LAWAL ABUBAKAR, JCA (Delivering the Leading Judgement): This is an appeal against the Judgment of Hon. Justice Abdul-Azeez Waziri of the Adamawa State High Court, Yola delivered on the 8th day of October 2020 wherein the Hon. Justice Abdul-Azeez gave judgment in favour of the 5th Respondent herein (5th Defendant at the lower Court).

The material facts of this leading to this appeal is that the Appellant as Plaintiff brought an action via amended writ of summons dated and filed on 5th October, 2018 together with his amended statement of claim dated and filed same as the writ and seeking the following reliefs: 

  1. Declaration by this Honourable Court that the action of the 1st, 2nd and 5th Defendants amount to trespass as the property of the plaintiff. 

  2. An order of this Honourable restraining the Defendants from further trespass on the property or encroaching upon the plaintiff’s premises /land covered by the grant of the Right of Statutory Occupancy No. ADS/17868 or doing anything w…

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