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ALHAJI ABUBAKAR SADIKWU V. ALHAJI ABBA DALORI

(1996) JELR 43491 (SC)

Supreme Court  •  SC.25/1990  •  23 Apr 1996  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC;

Appearances
Parties absent and unrepresented For Appellant Parties absent and unrepresented For Respondent

Judgement

WALI, J.S.C. (Delivering the Leading Judgment): The plaintiff's claims as per paragraph 21 of his Further Amended Statement of Claim are as follows:

"Wherefore the plaintiff claims from the defendants jointly and severally the following:-

(a) That the plaintiff is the lawful owner of the piece of land measuring 100ft x 300 ft along Baga Road Maiduguri.

(b) N20,000.00 damages for trespass.

(c) A perpetual injunction against the defendants restraining these (sic) servants, or agents or privies from committing any further acts of trespass on the said land (d) That in the alternative the plaintiff is entitled to a possessory title against anyone except anyone who can prove a superior title to the said land."

Originally only one defendant was sued, but later on in the course of the proceedings, the plaintiff sought for and was granted leave by the trial court to join the 2nd, 3rd, 4th and 5th defendants respectively.

Pleadings were ordered, filed and exchanged. Issues were also joined in…

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