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NIKOL SALLA & ANOR V. DANJUMA YUSUF

(2017) JELR 37672 (CA)

Court of Appeal  •  CA/YL/51/2016  •  4 Jul 2017  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; JAMES SHEHU ABIRIYI JCA; SAIDU TANKO HUSAINI JCA;

Appearances
S. A. Mustapha, Esq. For Appellant Abdul mutallib Babawuro, Esq. For Respondent

Judgement

SAIDU TANKO HUSAINI, J.C.A. (Delivering the Leading Judgment): This appeal is sequel to the Judgment delivered at the High Court of Justice, Gombe State on the 22nd January, 2016 in Suit No. GM/178/2013.

The Respondent as Plaintiff at the trial High Court claimed against the Appellants as defendants the reliefs set out in the Statement of Claim as follows:-

(i) A declaration of title in favour of the Plaintiff aver(sic) the land covered by Statutory Certificate of Occupancy No. BA/10921 in the name of Yusuf Adam Bamganje being his blood father, thus entitled to inherit his properties in accordance to (sic) law.

(ii) A declaration that the entry of defendants on Plaintiff land above described, destruction of trees, damaged (sic) of plaintiff cement blocks, his cement blocks are building on the land constitutes (sic) real trespass.

(iii) Plaintiff claims jointly and severally from the sum of Two Million Naira general damages (sic) for trespass, destruction of properties to wit:

Cement block …

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