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TERFA YONGO & ORS V. MBAILUVE HANONGON & ORS

(2022) JELR 110449 (SC)

Supreme Court  •  SC.201/2017  •  4 Mar 2022  •  Nigeria

Coram
Musa Dattijo Muhammad JSC Chima Centus Nweze JSC Uwani Musa Abba Aji JSC Helen Moronkeji Ogunwumiju JSC Adamu Jauro JSC

Appearances
HELEN M. GBOR, ESQ. for the Appellants; JOHNNY AGIM, ESQ. for the 1st Respondent; MATHIAS IKYAV, ESQ., Senior State Counsel, Ministry of Justice, Benue State for the 2nd and 3rd Respondents.

Judgement

ADAMU JAURO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Makurdi Judicial Division wherein the Court dismissed the Appellants' appeal and affirmed the judgment of the High Court of Benue State which dismissed the Appellants' claims and granted the 1st Respondent's counter-claim. 

BRIEF STATEMENT OF FACTS 

The Appellants by Writ of Summons and Statement of Claim instituted the action before the trial Court and sought the following reliefs in their Further Amended Statement of Claim: 

a) A declaration that the Plaintiffs are entitled to all the pieces of land on which their various and several structures are built, situate immediately after the boundary between the 1st defendant and the plaintiffs. 

b) A perpetual injunction restraining the 1st defendant by herself, servants, agents, heirs or privies from trespassing on the plaintiff’s lands. c) An order that the 2nd defendant shall grant the plaintiff's title documents to their …

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