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DABUP
V.
KOLO

(1993) JELR 43255 (SC)

Supreme Court 10 Dec 1993 Nigeria
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- The parties contested title and occupation over the same parcel of land in Jos, Plateau State, each relying on a different Certificate of Occupancy—appellant holding a customary certificate (Local Govt., 1978) and respondent a statutory c

Case Details

Suit Number:SC.62/1989
Judges:OLAJIDE OLATAWURA Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria
Counsel:B. R. Fasola, for G. Brown Peterside, S.A.N. For Appellant Kayode Sofola For Respondent
Other Citations:Dabup v. Kolo (1993) NWLR (Pt.317)254 (1993) 12 SCNJ 1

OLATAWURA, J.S.C. (Delivering the Leading Judgment): The competing claims by the appellant and respondent were in respect of a piece or parcel of land in Jos, Plateau Sate. Both claimed to have the Certificate of Occupancy. It was when the appellant visited this piece of land that he found the respondent and his workers on the land. There was a challenge. The respondent claimed damages for assault and battery, false imprisonment and damages for trespass. The appellant denied the claims and set up a counter-claim. In view of the issues raised about the counter-claim and the findings of the learned trial judge and the conclusions reached by the Court of Appeal. I consider it necessary to set out the claims and counter-claim verbatim. The appellant and respondent will be referred to as the defendant and plaintiff respectively.

The plaintiffs claims are as follows:

"(a) A declaration that the plaintiffs the owner of the landed property and the structures thereon along Jos-Bukuru Road (Now…

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