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OTHNIEL SHEKSE V. VICTOR PLANKSHAK & ORS

(2008) JELR 41665 (SC)

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

Coram
GEORGE ADESOLA OGUNTADE JSC; MAHMUD MOHAMMED JSC; FRANCIS FEDODE TABAI JSC; JAMES OGENYI OGEBE JSC; MOHAMMAD SAIFULLAH MUNTAKA COOMASSIE JSC;

Judgement

J. O. OGEBE, J.S.C (Delivering the Leading Judgment): The appellant sued the respondents at the High Court of Justice Pankshin, Plateau State on behalf of himself and Kerang Community seeking the following reliefs as per paragraph 19 his amended statement of claim:-

"Wherefore,, the plaintiff claim against the defendants jointly and severally

(a) A declaration that the Quarry Site within the Bwansuhum area is in the customary Possession and ownership of the plaintiff;

(b) An order that the 1st - 5th Defendant account for the sum of N22,000.00 received from P.W. (NIG) LTSD.

(c) A perpetual injunction against the Defendants, their servants, agents or privies to restrain them

from further acts of trespass.

(d) 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 listening to the addressees of their counsel thoroughly evaluated the evidence and dismissed the Appellant's claim. A gr…

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