ALIBE
V.
YARO
·
Alibe v. Yaro (2002) 1 NWLR (Pt. 747) 238
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…