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DILALI & ORS
V.
LEKA & ORS

(2018) JELR 39473 (CA)

Court of Appeal 13 Feb 2018 Nigeria
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Case Details

Suit Number:CA/YL/33/2017
Judges:OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria SAIDU TANKO HUSSAINI Justice of The Court of Appeal of Nigeria
Counsel:Chief Caleb Ubale Esq. For Appellant Emmanuel Nwaekwe Esq. For Respondent

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered 19th May, 2016 in the High Court of Gombe State holden at Gombe.

The Respondents as plaintiffs took out a writ of summons against the Appellants as defendants claiming for the following:

(a) A declaration that the plaintiffs are vested with title over that piece of land situate at Bakka as covered by the site plan dated 9/8/2012.

(b) A declaration that the acts of the defendants amounts to trespass upon the plaintiffs piece of land.

(c) A perpetual injunction restraining the defendants in person or their agents, servants, privies, or heirs from tampering with the peaceful occupation of the plaintiffs piece of land.

(d) The sum of N2m as general damages for trespass

(e) Cost of this action and incidental expenses.

In an amended statement of defence and counterclaim, the Appellants counterclaimed for the following:

(a) A declaration of title to all that (sic) farmlands lying and situa…

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