ALHAJI YAYA ABUBAKAR
V.
MALLAM ABDUL-HADI DAHIRU

(2020) JELR 91765 (CA)

Court of Appeal 1 Sep 2020 Nigeria
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Case Details

Suit Number:CA/YL/19/18
Judges:CHIDI NWAOMA UWA, JCA JAMES SHEHU ABIRIYI, JCA ABDULLAHI M. BAYERO, JCA ALHAJI YAYA ABUBAKAR
Counsel:Hussaini G. Maiwada Esq. with T.J. Ojo Esq. and Bobgah Samuel Esq. for the Appellant. Salihu Adamu Esq. for the Respondent.|

CHIDI NWAOMA UWA, JCA.: The Appellant as plaintiff before the Adamawa State High Court (hereafter referred to as the trial court) presided over by Nathan Musa, J. claimed against the Respondent as defendant as follows:

(a) “A declaration that the plaintiff is the lawful and Bonafide holder of Right of Occupancy No. GS/8085 registered as No. 8329 at page 8329 Volume 64 at the Land Registry Yola in respect of apiece of land measuring 1.000 Hectares situates and lying at Jimeta (Sangere) Jimeta-Numan Road, Yola Adamawa State.
(b) An order of perpetual injunction restraining the Defendant, his agents, privies and all those claiming through him from further act as trespass on the plaintiff’s land.
(c) ₦500,000.00 as general damages for trespass.
(d) Cost of filing this suit.”

At the trial, the Appellant called one witness and tendered Exhibit ‘A’, Certificate of Occupancy No. GS/8085 dated 1st March, 1989 and Exhibit ‘B’, Deed of Assignment registered on the 23rd February, 2012. The Respon…

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