(2001) JELR 44756 (CA)    

Court of Appeal  ·  CA/J/100/95 ·  9 Apr 2001 ·  Nigeria
Other Citations
Alibe v. Yaro (2002) 1 NWLR (Pt 747)238
Alibe v. Yaro (2002) 1 NWLR (Pt. 747) 238
ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria OLUDADE OLADAPO OBADINA Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
better title
lamisula area court
sale of the land
statement of claim
appellate court
trial court
trial judge
baba talba alkali
supreme court
high court
talba alkali
high court of justice
judgment of the lamisula area court
owner of the plot talba
starting point
testimony of his witnesses
appellant s.b. bess esq
briefs of argument
correctness of the finding of the court
court order
c support
finding of fact
leading judgment
legal authorities
notice of appeal
o. o. obadina
order of the court
order of this court
owner of the piece of land
principle no.
purported sale of the piece of land
said piece of land
said taiba alkali
said talba alkali
trial of this case
upper area court no.2 maiduguri
weight of evidence

I. C. NZEAKO, J.C.A. (Delivering the Leading Judgment): At the High Court of Justice, Borno State of Nigeria, the appellant herein, was the plaintiff. By a writ of summon filed on 20/3/93, he sought the following relief:

1. N30,000 damages for trespass.

2. An injunction restraining the defendant from further acts of trespass, on plaintiff's piece of land lying and situate immediately, behind plaintiff's residential house on No. 24 Waziri Kolo Street, Gamboru Liberty, Maiduguri.

After parties filed and exchanged pleadings and led evidence, the learned trial Judge dismissed the plaintiff's claim in its entirety.

Dissatisfied, the plaintiff has appealed to this court by notice of appeal upon 2 grounds.

Ground 1: That the decision is against the weight of evidence.

Ground 2: That the learned trial Judge erred in law and misdirected himself on the evidence before him, when he held in his judgment, thus:-

"...I believe the evidence before me, that the owner of the plot Talba sold the plot t…

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