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GONI ABATCHA WULGO v. GOVS KATIYA

(2018) JELR 42114 (CA)

Court of Appeal  •  CA/J/99/2015  •  23 Feb 2018  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; JAMES SHEHU ABIRIYI JCA; SAIDU TANKO HUSSAINI JCA;

Judgement

SAIDU TANKO HUSSAINI, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Justice of Borno State sitting in Maiduguri and delivered on the 31st October, 2013 in Suit No. M/57/2006 by which decision or Judgment the Court dismissed the claim of the appellant.

The Appellant as plaintiff had by the Writ of Summons issued on 3rd May, 2006, claimed against the respondent as defendant all the reliefs contained at Paragraph 8(a)(b)(c)(d) of the statement of Claim namely, (a) A declaration that the plaintiff is the owner of and is entitled to possession/occupation of the piece of land covered by Certificate of Occupancy No. BO/3331 in the Old G.A.A. Maiduguri. (b) Order of possession of the said plot of land for the use and benefit of the plaintiff. (c) Injunction to restrain the defendant, his heir or anyone claiming title through him or at all from further trespass (d) Any other relief the Court may deem proper to make or order and the cost of th…

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