(2021) JELR 109205 (CA)    
Court of Appeal  ·  CA/A/138/2020 ·  30 Sep 2021 ·  Nigeria
Moore Aseimo Abraham Adumein, JCA Uchechukwu Onyemenam, JCA Elfrieda Oluwayemisi Williams-Dawodu, JCA
Core Terms Beta
trial court
general damages
disputed land
double compensation
favour of the respondent
four million naira
learned counsel
award of six million naira
lower court
respondent's land
said land
testimonies of dw
bello mamman kpotu
burden of proof
appellants' brief
credible evidence
judgment of the trial court
leading judgment
order of the court
sum of six million naira
appellants' case
appellants' reply brief
circumstances of the whole case
claim of the plaintiff
credible evidence of the plaintiff
established principle of law
evidence of both parties
following reliefs
forty thousand naira
further acts of trespass
given case
legal duty
legal right
mr. aleichenu ogwuche
plaintiff's land
point of law
prove of the averment
rules of the court
said mast
said parcel of land
sale of the disputed land
such evidence
sum of n140,000.00
testimony of dw1

UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Niger State, sitting at Minna delivered on 29th March, 2019 by ALIYU M. MAYAKI J. in SUIT NO: NSHC/MN/27/2013.

The Respondent initiated this suit via Writ of Summons seeking or the following reliefs:

1) "A DECLARATION that the Plaintiff is the bonafide owner of the parcel of land lying and situate at Chimbi village, along KafinKoro road, in Paikoro Local Government area of Niger State, where on the Defendant erected their mast for the past five (5) to six (6) years.

2) AN ORDER mandating the Defendants to remove the said mast, erected on the Plaintiff's land forthwith.

3) AN ORDER of perpetual injunction restraining the Defendants, their privies, agents, successors in title or any one claiming through them from trespassing or committing any further acts of trespass on the said parcel of land.

4) AN ORDER of the Court mandating the Defendants to pay to the Plaintiff the s…

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