MANA SAKU & ANOR V. HAMMADU ALHAJI NJIDDAH
(2018) JELR 39188 (CA)
Court of Appeal
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CA/YL/144/2017
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21 May 2018
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Nigeria
Coram
OYEBISI FOLAYEMI OMOLEYE JCA;
JAMES SHEHU ABIRIYI JCA;
SAIDU TANKO HUSSAINI JCA;
Appearances
Roland C. Emem Esq. For Appellant
M. R. Haruna Esq. For Respondent
Judgement
<p>JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 1st March, 2017 in Suit No. TRSJ/65/2012 in the High Court of Taraba State holden at Jalingo.</p><p>The Respondent as plaintiff claimed against the Appellants as defendants the following:</p><p>a. Declaration of title to both the southern and northern portions of the land of the plaintiff as bounded as follows:-</p><p>i. South: the marshy land up to the Malam Audu access road.</p><p>ii. North: the piece of land of the plaintiff as bounded by the Plaintiffs cattle ranch.</p><p>b. Perpetual injunction against the defendants and/or any other person claiming title through the Defendants respecting the disputed portions of the land.</p><p>c. General damages in the sum of N500, 000.00 for trespass.</p><p>d. Costs.</p><p>The Appellants in their statement of defence in turn prayed the Court below for the following:</p><p>a. AN ORDER of declaration of title to 1st Defendant in respect of the land in dispute sharing boundary by south forkin fa…</p>