(1997) JELR 45460 (SC)    

Supreme Court  ·  SC.138/1991 ·  19 Dec 1997 ·  Nigeria
Other Citations
Dakat v. Dashe (1997) 12 NWLR (Pt.531) 46
Dakat v. Dashe (1997) 12 NWLR (Pt. 531) 46
MUHAMMADU LAWAL UWAIS 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 ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
high court
trial court
senior district judge
court of appeal
farm land
issue of title
evidence of d.w.1
decision of the high court
decision of the trial court
trial judge
leading judgment
learned justices of the court of appeal
a. i. iguh
appeal fails
appellate jurisdiction
brief of argument
cases of ekpan v
decision of the senior district court
e. o. ogwuegbu
finding of the senior district court
finding of the senior district judge
following issues
following passage of his judgment
grounds of appeal
hectares of farm land
high court of plateau state
i. l. kutigi
issue number
kwande district ofshendam
lack of jurisdiction
learned judge of the high court
local government certificate of occupancy
m. l. uwais
part of the senior district judge
proper function of an appeal court
real evidence
rewriting of judgment
said decision
said farm
said farm land
senior advocate
senior district court of plateau state

E. O. OGWUEGBU, J.S.C (Delivering the Leading Judgment): The appellant was the plaintiff in the Senior District Court of Plateau State holden at Shendam. He claimed against the defendant who is the respondent herein, the sum of N5,000.00 being special and general damages for trespass. His claim was dismissed by the Senior District Judge and he appealed to the High Court of Plateau State. The High Court sitting in its appellate jurisdiction dismissed the appeal. His appeal to the Court of Appeal, Jos Division, was also dismissed by that court and he has further appealed to this court.

The facts leading to the proceedings can be summarised as follows:

Both the plaintiff and the defendant are farmers residing at Kwande District ofShendam Local Government Area of Plateau State. The plaintiff in his statement of claim averred that he is the holder of Shendam Local Government Certificate of Occupancy in respect of over 573.8 hectares of farm land at Kwali-Gida village dated 6th March, 1985.…

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