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MR. HARUNA VATSA v. MRS. JULIANA UGAH

(2014) JELR 36452 (CA)

Court of Appeal  •  CA/K/14/2010  •  12 Jun 2014  •  Nigeria

Coram
ABDU ABOKI JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA; AMINA AUDI WAMBAI JCA;

Judgement

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High court of Kaduna State presided over by Hon. Justice J. Abiriyi delivered on the 15th day of May 2009 in suit No. KDH /KAD/500/2008.

The claim of the Respondent, as plaintiff before the lower court was for the following:

"The Plaintiff avers that there has never been a time the peaceful possession of the farmland was disturbed by anybody howsoever until the act of trespass by the defendant, which said act has caused the Plaintiff financial loss."

In opposition, the Defendant, Appellant herein, filed a Statement of Defence and counterclaimed for the sum of N2 Million as general damages for trespass and for the cost of defending the suit.

In proof of her claim, the Respondent testified and called eight witnesses. She tendered one document, Exhibit 1. The other documents sought to be tendered were objected to by the Defendant and consequently rejected by the trial …

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