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JACOB H. RINGSON v. RSM JOSIAH Y. BIGWAN (RTD) & ORS

(2017) JELR 37480 (CA)

Court of Appeal  •  CA/J/126/2011  •  11 May 2017  •  Nigeria

Coram
ADAMU JAURO JCA; UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): This appeal emanates from the decision of the Plateau State High Court sitting in Panshin, delivered by D.G. Mann, J. on the 16th May, 2008. The suit upon which this appeal is predicated was commenced by the Appellant via a Writ of Summons dated the 21st June, 2005 whereupon the Appellant claims as endorsed on the said Writ the following reliefs:

a. A perpetual injunction restraining the Defendants either by themselves or their servants, agents, privies, assigns or any other persons claiming or purporting to claim/act under them from trespassing on the land pending the determination of the substantive matter/ suit.

b. A declaration of title to the land situate, lying and being at Jwakkas Mangu, Mangu Local Government Area.

c. The sum of one million naira (N1,000,000.00) only as special damages for trespass.

d. The total cost of action in this suit.

Midway through the suit the Appellant sought to and amended his claim. See pageā€¦

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