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MA'AJOR ROKA & ORS v. ISHAKU WUTAN

(2014) JELR 36216 (CA)

Court of Appeal  •  CA/YL/49/2013  •  28 May 2014  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; ADAMU JAURO JCA; BIOBELE ABRAHAM GEORGEWILL JCA;

Judgement

ADAMU JAURO, J.C.A. (Delivering the Leading Judgment): The instant appeal is against the judgment of the Taraba State High Court of Justice sitting in Jalingo delivered on 29th March, 2011 in suit number TRSJ/50/2010.

Simply put and briefly stated, the facts of this case are as follows: The respondent herein as plaintiff instituted an action against the appellants as defendants in the lower court, vide a writ of summons dated 13th May, 2010. The respondent as plaintiff claimed for the following reliefs against the appellants as defendants, namely:

"i. A declaration that the plaintiff is the owner of the parcel of land in dispute at Mile Six Jalingo after UMCN Secretariat and bounded to the South by a stream, North and West by the land of Jauro Kanze and East by the land of Kanze Nyamiri.

ii. A declaration that the building of thatch houses on the land by the 2nd, 4th and 5th defendants constitutes an act of trespass.

iii. General damages of Six Hundred Thousand Naira (N600,000.00) for…

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