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AKATEN A. RIFUNJI YIROM V. LYDIA RIKAINYANGBE & ANOR

(2018) JELR 39157 (CA)

Court of Appeal  •  CA/YL/89/2017  •  21 May 2018  •  Nigeria

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

Appearances
M. G. Josiah, Esq. with him, T. D. Kasari, Esq. For Appellant R. K. Iribom, Esq. For Respondent

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision rendered on 3rd March, 2016 in the High Court of Taraba State holden at Takum.

The Respondents as plaintiffs took out a writ of summons and by a statement of claim claimed against the Appellant as defendant declaration of title to land and an order of perpetual injunction restraining the Appellant from further trespass to the land among other reliefs.

The facts of the case are simple and short. According to the only witness called by the Respondents, the land in dispute was deforested by her husband. Her husband gave portions of the land each to 2nd Respondent and the father of the Appellant.

The Appellant later laid claim to the entire land she 1st Respondent inherited from her husband.

The Appellant did not file any defence and therefore called no evidence.

The Court below entered judgment in favour of the Respondents and granted all the reliefs sought by them.

The Appellant has approache…

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