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DAUDA YUGUDA v. DANIEL NYIMNYA

(2017) JELR 37671 (CA)

Court of Appeal  •  CA/YL/40/2016  •  24 Mar 2017  •  Nigeria

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

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment):This appeal is against the judgment delivered on the 4th December, 2013 in the High Court of Taraba State sitting at Gembu. The Appellant was the plaintiff. The Respondent was the Defendant/Counter claimant.The claim of the Appellant was for the following:

(a) A declaration that the acts of the Defendant in building a house on the Plaintiffs land despite protest and warning amount to acts of trespass.

(b) An order of the Court vacating/ejecting the Defendant from the Plaintiffs land.

(c) An order of permanent and perpetual injunction restraining the Defendant, his privies, agents, servants, etc from further act of trespass or interference with the land.

(d) N1,000,000.00 (One Million Naira) as general damages for trespass.

(e) A declaration of title in favour of the plaintiff.

(f) The cost of this suit.

The Respondent counterclaimed for the following:

(i) A declaration of title over the disputed land.

(ii) An order of perpetual inju…

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