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DANJUMA TANKO v. OSITA ECHENDU

(2010) JELR 47391 (SC)

Supreme Court  •  SC.115/2005  •  3 Dec 2010  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; FRANCIS FEDODE TABAI JSC; SULAIMAN GALADIMA JSC; BODE RHODES-VIVOUR JSC;

Judgement

FRANCIS FEDODE TABAI, J.S.C.: (Delivering the Leading Judgment): This action was commenced at the Suleja Judicial Division of the High Court of Niger State on or about the 10th of April, 1995 with the Appellant herein being the Plaintiff and the Respondent herein being the Defendant.

The Appellant as Plaintiff claimed against the Respondent as Defendant the following reliefs:-

(a) A Declaration of title to the said farm land to the extent of encroachment into same only.

(b) An order of perpetual injunction restraining the defendant, his agents, privies, servants or whosoever claiming through him from further trespassing and/ or encroachment into the plaintiffs farm land.

(c) The sum of N20,000.00 (twenty thousand naira) only as general damages for trespass into the plaintiff s farm land.

Pleadings were duly filed and exchanged.

The actual trial commenced on the 29th of April, 1997 with the testimony of the Plaintiff/Appellant as the PW1. Two other witnesses also testified in support …

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