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MALLAM HAKILU SABON-GIDA & ANOR V. HAJIYA MARYAM HABU DAN-NAMASHI & ORS

(2016) JELR 48866 (CA)

Court of Appeal  •  CA/K/466/2014  •  29 Apr 2016  •  Nigeria

Coram
IBRAHIM SHATA BDLIYA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA;

Judgement

IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Leading Judgment): By an amended Writ of Summons and Amended Statement of Claim, the respondents who were the plaintiffs at the lower Court (High Court of Justice, Katsina State) instituted suit No. KTH/41/2012, against the appellants who were the defendants, seeking the following reliefs:

1. A declaration that the piece of land situates at Sabon Gida Ward, along Jibiya Road on the North it is bounded with Mai Unguwa Sabon Gida, to the South Estate of Bala Dan Sani to the East by Jibiya road, and to the West by the house of the plaintiffs belongs to the plaintiffs.

2. A perpetual injunction restraining the defendants, their heirs, servants, agents, privies or any other person deriving title from the defendants from encroaching, trespassing or taking possession of the piece land described in relief 1 above.

3. General damages for trespass by erecting structures in the piece of land in the sum of N1,000,000.

The 1st appellant filed a statement of…

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