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ABE & ANOR
V.
DAMAWA & ANOR

(2022) JELR 109926 (SC)

Supreme Court 6 May 2022 Nigeria
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- The dispute concerned title to plot BNC 7143 near Judges Quarters, Makurdi, with the 1st respondent/plaintiff seeking declarations of ownership, damages for trespass, and a perpetual injunction; defendants counter-claimed for title. - The

Case Details

Suit Number:SC.469/2011
Judges:Mary Ukaego Peter-Odili JSC John Inyang Okoro JSC Abdu Aboki JSC Ibrahim Mohammed Musa Saulawa JSC Tijjani Abubakar JSC
Counsel:M.A. TSUWAI, ESQ., with him, CHARLES UKANDE, ESQ. for the Appellants; OBAFEMI AGABA, ESQ., with him, CORNELIUS ALAJE, ESQ. for the 1st Respondent; CHIEF KINGSLEY CHUKU, ESQ. for the 2nd Respondent.

TIJJANI ABUBAKAR, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal Makurdi Division delivered on the 24th day of May, 2011. The Court of appeal in its judgment affirmed the decision of the High Court of Justice Benue State delivered by Justice T.U.F Puusu. At the trial Court, by the statement of claim of 16th April, 2003, the 1st Respondent as plaintiff claimed as follows: 

a. "N300,000.00 general damages in trespass 

b. N300,000.00 general damages for the delay caused plaintiff's intended development of plot. 

c. Perpetual injunction restraining the defendant, his privies and agents from further trespass on disturbance of the plaintiff on the plot

d. A declaration that the plaintiff is the owner of plot BNC 7143 by virtue of deemed right of occupancy and by confirmatory allocation approval of his right by the Benue State Government." 

The case of the 1st Respondent as Plaintiff at the trial Court is that he had been in possession of a …

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