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ALHAJI BUBA USMAN v. MOHAMMED TANIMU GARKE

(1998) JELR 47281 (CA)

Court of Appeal  •  CA/61/96  •  8 Dec 1998  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; DENNIS ONYEJIFE EDOZIE JCA; RABIU DANLAMI MUHAMMAD JCA;

Judgement

EDOZIE, J.C.A.(Delivering the Leading Judgment): The respondent was the plaintiff and the appellant the defendant in suit No TRSJ/30/93 before the Taraba State High Court sitting in Jalingo in which each party claimed title over a disputed plot of land. The case was tried on pleadings based on the plaintiff's amended statement or claim (claim for short) and the defendant's statement of defence (defence for short).

As formulated in paragraph 17 or his claim, the reliefs sought by the plaintiff are:

"17 Whereof the plaintiff claims against the defendant;

(a) A declaration of title over the parcel of land described as plot No. 19A Road lying and situate at the Jalingo old air strip measuring about 1110 square metres based on MISCJP), Jalingo, Taraba State.

(b) An order of perpetual injunction against the defendant and his privies or servants from committing further acts of trespass on the above pared of land.

(c) The sum of twenty thousand naira damages for the unauthorised utilizatio…

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