KABURU PADA V. WOYA GALADIMA & ANOR

AMIRU SANUSI, JSC (DELIVERING THE LEADING JUDGMENT): This appeal is against the judgment of Court of Appeal, Abuja division of (the Lower Court) delivered on 17th day of January, 2006 which upturned the decision of High Court of Niger State (the trial Court) delivered on 29th March, 2004.

At the trial Court, the appellant as plaintiff, instituted an action claiming the underlisted reliefs against the defendant now respondent, namely:-

A. A declaration of right of occupancy to that piece and parcel of land being, lying and situate at Pyagun Village via She within the jurisdiction of the court more particularly described in paragraph 6 above.

B. An order of interim injunction restraining the defendant, his agents, privies and or servants from committing further trespass and or from dealing or interfering with the plaintiffs right in any manner that will prejudice and or adversely affect the plaintiffs claim of right of occupancy and possession of the aforesaid land.

C. The plaintiff claims …