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MR. SUNDAY NWANKWO V. MOHAMMED DIYYAB JUBRIL

(2011) JELR 51281 (CA)

Court of Appeal  •  CA/K/404/2004  •  25 Jan 2011  •  Nigeria

Coram
MARY PETER-ODILI JCA (Presided) THERESA NGOLIKA ORJI-ABADUA JCA JOSEPH TINE TUR JCA (Read the Lead Judgment)

Appearances
E. A. Aremo, Esq. - for the Appellant. -*- O. Olafimihan - for the Respondent. D

Judgement
<p><strong> TUR JCA (Delivering the Lead Judgment): </strong> The appellant was the plaintiff before the High Court of Justice Kaduna, Kaduna State presided by Hon. Justice Tanimu Zailani, J. His grievances against the respondent/ defendant are found in paragraph 17 of the amended statement of claim which reads as follows: “(a) A declaration that the plaintiff is the rightful holder of the certificate of occupancy over the property measuring 150 x 150 ft. and situate at No. C. M. 1, Kurmin Mashi, New Extension, Kaduna.</p><p>A declaration that the plaintiff is the rightful owner of the property situate at C.M. 1, Kurmin Mashi, New Extension, Kaduna.</p><p>The sum of N100,000.00 (hundred thousand naira) as damages for trespass and the cost of damage done to the plaintiff’s property on site. An order of perpetual injunction restraining the defendant, his agents, servants and assigns from committing any further acts of trespass on property in dispute in this case”.</p><p>The respondent filed an amended statement of defence with…</p>

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