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ANTHONY TIPPI V. SYLVESTER NOTANI

(2010) JELR 33222 (CA)

Court of Appeal  •  CA/J/82/2006  •  6 Jul 2010  •  Nigeria

Coram
BODE RHODES-VIVOUR JCA; UZO NDUKWE-ANYANWU JCA; ABUBAKAR DATTI YAHAYA JCA;

Judgement

ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): This appeal arose from the judgment of the High Court of Taraba State, sitting at Jalingo, on the 16/5/2005.

The further Amended Statement of Claim contains four prayers, which read thus -

"1. A declaration of title over the parcel of land lying and situate at Mile Six market Jalingo, Bounded with the plaintiff's compound to the West and to the East it is bounded by the land of one Magadelene, and is further bounded to the South by Old Yola Road.

2. A perpetual injunction restraining the Defendant or his Agent from further act of trespass.

3. An order that the Defendant should remove all those things that he deposited on the land, which does not form part of the land.

4. N100,000 General Damages for trespass.

The defendant denied the claim and filed an Amended Statement of defence. After the exchange of pleadings, the matter went to trial with each party calling three witnesses. The defendant also tendered Exhibit D1 as…

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