DOM INIC NWANI V. J. S. BAKARI YOLA LOCAL GOVERNMENT AREA
(2004) JELR 54129 (CA)
Court of Appeal
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CA/J/247/2001
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9 Dec 2004
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Nigeria
Coram
ALOMA M. MUKHTAR JCA (Presided and Read the Lead Judgment) OLUDADE OLADAPO OBADINA JCA IKECHI FRANCIS OGBUAGU JCA
Appearances
Eyitayo Jegede Esq. - for the Appellant. Innocent Dag'aba Esq. - for the 1st Respondent. 2nd Respondent unrepresented.
Judgement
<p><strong> MUKHTAR JCA (Delivering the Lead Judgment): </strong> This is an appeal against the decision of the Adamawa State High Court sitting in Yola. The plaintiff in the court below claimed against the defendant the following A reliefs as per his statement of claim:</p><p><em> Particulars of special damages </em> 4 bags of cement at 75 (naira) per bag destroyed as a result of stoppage of work - N300.00.</p><p>The sum of N2,000.00 already paid to the labourers.</p><p>N1,500.00 for iron rod missing on the land totalling N3,800.00</p><p>(three thousand, eight hundred naira only) - special damage.</p><p><em> And the plaintiff claims: </em></p><p>A declaration that he is entitled to an undisturbed ownership and possession of the said piece of land situate at Donga</p><p>Close in Upper Luggere Ward of Jimeta Town of Yola Local Government.</p><p>A declaration that he is entitled to continue with his construction on the said land without any obstruction or hindrance from the defendant, his agents or privies.</p><p>An order of the honourable court declaring the above quoted letter null a…</p>