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FARMERS SUPPLY COM KDS LTD
V.
MOHAMMED

(2009) JELR 43550 (CA)

Court of Appeal 22 Jun 2009 Nigeria
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- The case involves a dispute over a piece of land in Kaduna, Nigeria. - The respondent sued the appellant for demolishing a house he was building on the land. - The respondent claimed for a declaration of his right to the land, compensatio

Case Details

Suit Number:CA/K/10/2002
Judges:BABA ALKALI BA'ABA JCA AMINA ADAMU AUGIE JCA JOHN INYANG OKORO JCA
Counsel:Murtala Yusuf, Esq. For the Appellant; Olugbenga E. Ogunniran, Esq. For the Respondent.

AMINA ADAMU AUGIE, J.C.A (Delivering the lead Judgment): After a house he was building at plot D9 Constitution Road, Kaduna, was demolished by the Appellant, the Respondent sued the Company at the High Court, Kaduna, wherein he claimed for-

(i) A Declaration that he is the rightful holder of the Certificate of Occupancy over the land situate at plot D9 Constitution Road, Kaduna;

(ii) The sum of N2, 833, 410.00 being the current value of the development and materials at the site;

(iii) The sum of N100, 000.00 as damages for trespass; and

(iv) An Order of perpetual injunction...

At the trial, the Respondent testified as PW3, called three other witnesses, and tendered Exhibits 1 - 11 in evidence. His case is that he bought the land from PW1, Alhaji Isa Yahaya, who was allocated the land and issued with a Certificate of Occupancy (Exhibit 1) from Kaduna Local Government. The Appellant called one witness and tendered one document in evidence [Exhibit 12].

The Appellant's case is that it w…

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