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(2021) JELR 109377 (CA)

Court of Appeal  •  CA/YL/92/2020  •  15 Dec 2021  •  Nigeria

Chidi Nwaoma Uwa, JCA Bitrus Gyarazama Sanga, JCA Jamilu Yammama Tukur, JCA


JAMILU YAMMAMA TUKUR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Taraba State, Takum Division, in Suit No. TRSJ/19/2011, delivered on 11th October, 2018, by Honourable Justice E.A. Garba against the Appellant.

A summary of the material facts of the case leading to this appeal, is that the Appellant acting on the belief that the Respondents were trespassing on his land-the entire Nypauri estate Wukari road, Takum, as they had encroached on parts of his estate particularly the north-eastern part, demarcated same into plots and are claiming ownership thereof, instituted an action before the lower Court via a Writ of Summons and Amended Statement of Claim, via which he sought the following as against the Respondents jointly and severally:

A. A declaration that the encroachment/occupation of plots of land by the Defendants over the north-eastern part of the Plaintiff`s estate without his consent first sought and obtained is trespass,…

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