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ALHAJI ISIYAKU YAKUBU & ANOR. V. NIGERIAN TELECOMMUNICATION LTD & ANOR.

(2005) JELR 45148 (CA)

Court of Appeal  •  CA/J/249/2001  •  15 Dec 2005  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; AMIRU SANUSI JCA; IFEYINWA CECILIA NZEAKO JCA;

Judgement

AMIRU SANUSI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of Adamawa State High Court, Curom I. Thomas. J (as he then was), delivered on 20th of May, 1997 (herein after referred to as the lower court). At the lower court, the two appellants herein were the plaintiffs, while the two Respondents herein were the defendants. The two appellants/plaintiffs took a writ of summons and sought the under-mentioned relief as per their Amended Statement of claim filed with leave of the lower court. The reliefs sought are set out below:-

1. An order of court to the 1st defendant to remove their two poles front the plaintiffs' premises.

2. An order of perpetual injunction restraining the further trespass to the plaintiff's premises.

3. The sum of N10,000,000.00 (Ten Million Naira) general damages jointly and severally against the defendants for trespass to the plaintiffs' premises.

4. A declaration that the recoveries from the 1st plaintiff by the Defendants of tw…

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