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UMARU KACHALLA SEMBE & ORS V. JAURO DOVO PITTI

(2016) JELR 41050 (CA)

Court of Appeal  •  CA/YL/47/2014  •  3 May 2016  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; SAIDU TANKO HUSSAINI JCA; BIOBELE ABRAHAM GEORGEWILL JCA;

Appearances
Boniface Iorkumbur, Esq. For Appellant G. T. Ieave, Esq. For Respondent

Judgement

SAIDU TANKO HUSAINI, J.C.A. (Delivering the Leading Judgment): The Respondent as Plaintiff at the High court of Justice, Taraba State instituted action by way of the Writ of Summons taken out and filed on the 24th June, 2011. By his Statement of claim filed on 5th August, 2011, he claimed all the reliefs listed at paragraph 34 (a)- (e), that is to say: (a) an order for declaration of title to the land in dispute, (b) an order of declaration that the defendants are trespassers on the Plaintiffs lands by their acts of entry, cultivating and planting on same; (c) an order of perpetual injunction restraining the defendants by themselves, their privies or any person lying (sic) claim on the land in dispute from further acts of trespass; (d) the sum of N500, 000. 00 as general damages against the defendants for trespass; (e) Cost of filing and prosecution.

Defendants denied this claim before the trial Court. They are the appellants in this Court. At the commencement of hearing at the trial …

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