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WA’AJIM BAYO v. ZAKARIAH TSOKWA

(2020) JELR 87241 (CA)

Court of Appeal  •  CA/YL/125/18  •  10 Jun 2020  •  Nigeria

Coram
CHIDI N.UWA JCA JAMES S. ABIRIYI JCA ABDULLAHI M. BAYERO JCA

Judgement

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The Respondent as plaintiff before the High Court of Taraba State (hereafter referred to as the trial court) sought the following reliefs against the Appellant:

A. “A declaration that the plaintiff is the rightful owner of the parcel of land situate at Taenko North east of Lissam town whose boundaries are:-
East = bounded with the land of: Andesiate Yakubu.
West = bounded with the land of one Yakubu Ali.
South = is bounded by the land of one Ayibsa Rikwub.
North = is bounded by the land of one Usman Mbaefean.
B. Perpetual injunction against the defendant and his privies from further trespass over the said land.
C. ₦500,000.00 general damage for trespass.
D. Court of filling (sic) and prosecuting of this case.”

On the 6th day of November, 2017, the trial court entered judgment in favour of the Respondent in terms of the reliefs sought. Dissatisfied with the decision, the appellant appealed to this court.

The background facts are that th…

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