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DUGHUM
V.
ANDZENGE

(2007) JELR 57430 (CA)

Court of Appeal 29 Mar 2007 Nigeria
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- The dispute centered on competing claims to ownership of Plot No. 9016, Katsina-Ala settlement, between the appellant (defendant/counter-claimant) and the respondent (plaintiff), both relying on documentary title rooted in allocation from

Case Details

Suit Number:CA/J/174/2005
Judges:KUMAI BAYANG AKAAHS JCA (Presided) MUHAMMAD L. TSAMIYA JCA (Read the Lead Judgment ) UZO I. NDUKWE-ANYANWU JCA
Counsel:D. M. Igyuse Esq. - for the Appellant. N.E. Tsobaza Esq. - for the Respondent.

TSAMIYA JCA (Delivering the Lead Judgment) : This is an appeal from the decision of the High Court Benue State sitting at Gboko Judicial

Division. The decision was delivered on 16/3/2005, by Aondo Kaka’a,n J where he granted the plaintiff’s claim for:-

A declaration that the ratification of the transfer in favour of the plaintiff by Katsina-Ala Local Government (L.G.) vests good and lawful title in the plaintiff.

An order of injunction directing the defendant by himself, his agents,servants, priviesto vacate plot No. 9016 anda perpetual injunction restraining him in the capacity aforesaid and his successors in title from further trespassing into the land.

On his part, the defendant set up a defence of prior and better title to the land in dispute and counter-claimed against the plaintiff for:- 1. A declaration that the plot No. 9016 in dispute belongs to the defendant, and 2. A declaration that all the purported documents of title of the plaintiff in respect to title to the plot are nul…

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