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ALHAJI ISA BABA YAU V. MATHEW DAUDA & ORS

(2018) JELR 39189 (CA)

Court of Appeal  •  CA/YL/147/2016  •  22 May 2018  •  Nigeria

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

Appearances
For Appellant J. D. Ubandoma Esq., with him, N. K. Ibrahim (Miss) -for 1st and 2nd Respondents. Abubakar Yahuza Maidalailu, Esq. with him, Ganki Hassan Esq., F. U. Fonga Esq.- for 3rd Respondent.G. T. Ieave Esq., for third Respondent. For Respondent

Judgement

SAIDU TANKO HUSSAINI, JCA (Delivering the Leading Judgment): This appeal is against the Judgment delivered at the High Court of Taraba State on the 10th October, 2016 in Suit No. TRSJ/99/2011 wherein the Court granted all but 1 (one) relief in the claim brought before it by the 1st and 2nd respondents as plaintiffs.

The 1st and 2nd respondents instituted action at the said High Court vide the Writ of Summons dated the 21st June, 2011 and claimed as per the reliefs contained in Statement of claim at page 8 of the record of appeal thus:-

1. A declaration of title over that parcel of land lying and situate at Jauro Gana Village, measuring 3.979 Hectares and 2.042 Hectares all within Juaro Gana family land which is particular bounded to East by River Jalingo, to the West by the fence of College of Agric, and is further bounded to the North with the farm land of Danfulani, and to the South it is bounded with the land of Sani Karjen.

2. An order of forfeiture.

3. Perpetual injunction restrainin…

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