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BIYE
V.
BIYE

(2014) JELR 36179 (CA)

Court of Appeal 21 May 2014 Nigeria
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- This is an appeal against a judgment of the Kaduna State High Court of Justice. - The appellant filed a lawsuit claiming title to a piece of farmland and seeking an injunction and damages for trespass. - The respondent raised a preliminar

Case Details

Suit Number:CA/K/145/2008
Judges:ABDU ABOKI JCA THERESA NGOLIKA ORJI-ABADUA JCA HABEEB ADEWALE OLUMUYIWA ABIRU JCA
Counsel:Miss M. A. Okpe Esq. For the Appellant; No appearance for the Respondent.

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kaduna State High Court of Justice sitting in Zaria, delivered on 19th April, 2007 by Binta F. Isah J. The Appellant was the Plaintiff at the Lower Court while the Respondent was the Defendant.

By a writ of summons dated 6th November, 2004 the Appellant instituted an action against the Respondent claiming the following reliefs;

1. "A declaration of title over a large piece of farmland situate to the eastern part of Biye by Ahmadu Bello University Teaching Hospital, Shika which the plaintiff's father had purchased from Ahmadu Hassan.

2. An order of perpetual injunction restraining the defendant by himself, his agents, servants, privies or any person acting on his behalf, howsoever from entering and or trespassing into the said farmland.

3. General damages in the sum of N100,000.00 for trespass.

4. Any other relief(s) the Hon. Court may consider appropriate to grant in the circumstance…

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