EWETE
V.
GYANG

(1997) JELR 79759 (CA)    
Court of Appeal  ·  15 Jan 1997 ·  Nigeria
 · 
Other Citations
Ewete v. Gyang (1997) 3 NWLR (Pt. 496) 728
CORAM
GEORGE ADESOLA OGUNTADE, J.C.A. (Presided and Read the Leading Ruling), DENNIS ONYEJIFE EDOZIE, J.C.A., MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE, J.C.A.
Core Terms Beta
high court
section
appeal
respondent
appellate jurisdiction
upper area court
subordinate legislation
judges of the high court
law
laws of northern nigeria
mr. g.o. okafor
application
exercise of its appellate jurisdiction
favour of the appellant
high court of kwara state
interlocutory application
j.c.a
leave of the lower court
notice of preliminary objection
plateau state
supreme court
ultra vires
appellate high court
bird exparte
court of appeal rules
exclusive owner of the property
final result
inclusion of a judge of the sharia court
intention of the makers of the rules
judges atsi
judgment of the appellate high court
leading ruling
learned counsel
lower court
m. ajiboye
mr. g. ofodile okafor
muntaka-coomassie
order granting leave
perpetual injunction
preview of the lead
rule
rules of this court
ruling of the upper area court
said rules
single judge
sum of n4,000.00
take notice
total area
west london investment building society

OGUNTADE, J.C.A. (Delivering the Leading Ruling): The appellant was the plaintiff at the Upper Area Court where he claimed against the respondent as the defendant for the following:

"(a) A declaration that the plaintiff is the rightful and exclusive owner of the property situate at and known as No. T45 A Laranto Village, Jos covering a total area of 0.012 hectares.

(b) A perpetual injunction restraining the defendant, his servant and/or agents howsoever from trespassing into or remaining in occupation of the aforesaid property.

(c) The sum of N4,000.00 being general damages for trespass."

The Upper Area Court on 12/10/88 gave judgment in favour of appellant asclaimed in his claims (a) and (b) above. A sum of N1,500.00 was awarded against the respondent as damages for trespass. On 11/9/91, the Upper Area Court, upon an application by the respondent, set aside the judgment it gave in favour of the appellant on 12/10/88. The appellant brought an appeal before the High Court, Plateau State in…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login