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OTHNIEL SHEKSE (FOR HIMSELF AND ON BEHALF OF KERANG COMMUNITY) V. VICTOR PLANKSHAK TUMBE DAWAP SHIPROTE DANIEL ARDO JIKAN SILAS PWANGKAT

(2008) JELR 55879 (SC)

Supreme Court  •  SC.199/2002  •  11 Jul 2008  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JSC (Presided) MAHMUD MOHAMMED JSC FRANCIS FEDODE TABAI JSC JAMES OGENYI OGEBE JSC (Read the Lead Judgment) MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC

Judgement

OGEBE JSC (Delivering the Lead Judgment): The appellant sued the respondents at the High Court of Justice of Pankshin, Plateau State on behalf of himself and KerangCommunity seeking the following reliefs as per paragraph 19 of his amended statement of claim:

“Wherefore, the plaintiff claim against the defendants jointly and severally:

A declaration that the quarry site within the Bwansuhum area is in the customary possession and ownership of the plaintiff; An order that the 1st - 5th defendant account for the sum of N22,000.00 (twenty-two thousandnaira) received from P.W. (Nig.) Ltd. A perpetual injunction against the defendants, their servants, agents or privies to restrain them from further acts of trespass.

N25,000.00 (twenty-five thousand naira) damages.”

Pleadings were exchanged between the parties and the trial court after hearing evidence from both parties and listeningto the addresses of their counsel, thoroughly evaluated the evidence and dismissedthe appellant’s claim. Aggriev…

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