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(2021) JELR 109295 (CA)

Court of Appeal  •  CA/A/403/2018  •  30 Sep 2021  •  Nigeria

Moore Aseimo Abraham Adumein, JCA Uchechukwu Onyemenam, JCA Elfrieda Oluwayemisi Williams-Dawodu, JCA


UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice Niger State sitting at Bida delivered by Musa B. Abdul, J. on 28th February, 2018.

At the trial Court, the Respondents initiated their suit via a Writ of Summons and claimed as follows:

1. A declaration of title to the land of Baba Man Ladan situate and lying at Old Emi Ladan Village in Lavun Local Government Area of Niger State to the Plaintiff.

2. An order of perpetual injunction restraining the defendant by himself, privies, agents, servants, assigns etc from entering trespassing, encroaching or do anything on the said land without the permission or consent of the plaintiffs.

3. The sum of N300,000.00 being the cost of litigation." (See page 32 of the Record).

The trial Court entered judgment in favour of the Respondents as follows:

"On the whole, judgment is hereby entered for the Plaintiff as per reliefs claimed in paragraphs 19 (i), (ii) and (iii) of the ame…

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