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(2021) JELR 106995 (CA)

Court of Appeal  •  CA/G/9/2020  •  17 Mar 2021  •  Nigeria

Jummai Hannatu Sankey, JCA Tunde Oyebanji Awotoye, JCA Ebiowei Tobi, JCA


JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Judgment of the High Court of Justice, Borno State in Suit No. BOHC/MG/CV/10/2019, delivered on January 13, 2020 by B.A. Waziri, J.

The brief facts of the case leading to this Appeal are as follows: By a specially endorsed Writ of Summons, the Appellant claimed as follows against the Respondents -

a) “A declaration that the claimant is the lawful and legal owner of Plot No:56 covered by a right of occupancy No. 5203 measuring about 2500 square meter lying and situate at Pompomari Layout as specified BOTP/73.
b) That act of the 1st 2nd and 3rd defendants amounted to as trespassed (sic)
c) A perpetual injunction restoring the 1st, 2nd and 3rd defendants by themselves (sic), agents, servants, privies and whosoever from further tempering (sic) with the said land.
d) Cost of the suit.”

The 2nd Respondent counter-claimed from the Appellant as follows:

a. “A DECLARATION that the 2nd defendant/counter-claiman…

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