ALH. BELLO DAN YADADO & ANOR V. ALHAJI MANNI MAI ITACE (TAYA)
(2018) JELR 39548 (CA)
Court of Appeal
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CA/S/143/2016
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23 Feb 2018
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Nigeria
Coram
HUSSEIN MUKHTAR JCA;
MUHAMMED LAWAL SHUAIBU JCA;
FREDERICK OZIAKPONO OHO JCA;
Appearances
L.M Pwahomdi, Esq. For Appellant
Andrew A Jibrin, Esq. For Respondent
Judgement
<p>FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of BELLO ALIYU GUSAU, J of Zamfara State High Court, Gusau Judicial Division delivered on 22-7-2016, wherein the claim of the Appellants against the Respondent was dismissed, with cost of N50,000.00 (see pages 61-70 of the record of appeal). By the Appellants writ of summons and Statement of Claim the Appellants claimed against the Respondent as follows;</p><p>1. A declaration that all that piece of land covered by Certificate of Occupancy No: GUS/GS/6313 being the second Plaintiff name (sic) lying and situated at Mareri Village, T/Wada,Gusau, belonging (sic) to the Plaintiffs (particularly the 2nd Plaintiff) by virtue of the above mentioned certificate granted to him by Zamfara State Government in 2004.</p><p>2. A declaration that the act of the Defendant of entering and clearing the said land and cultivating same, without the consent and or authority of the Plaintiff amounts to trespass.</p><p>3. Anβ¦</p>