IBRAHIM V. MOHAMMED

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- The respondent (plaintiff) was granted a statutory right of occupancy and a Certificate of Occupancy (Exhibit 1) over Plot No. 7, Road 'D', Malali, Kaduna in 1977, entered into possession, and later discovered the appellants building on t

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Suit Number:SC.59/1997

Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria

Counsel:P. O. Jimoh-Lasisi, SAN (with him, C. O. Okwusogu, Esq., S. I. Lawai, Esq., G. N. Okonkwo, Esq.) For Appellant Dr. G. Elias For Respondent

U. A. KALGO, JSC (Delivering the Leading Judgment): The respondent in this appeal was the plaintiff in the High Court of Kaduna State Holden at Kaduna, where he sued the appellant and one Hajiya Bahajatu Katsina claiming against them jointly and severally for:-

"1. A declaration that the plaintiff is entitled to a right of occupancy in and over all the piece or parcel of land measuring approximately 0.688 of an acre situate, lying and being at plot No.7, Road 'D', Malali, Kaduna North in the Kaduna State of Nigeria which land is more particularly described and delineated on plan No. NC. LP. 106 attached to the Certificate of Occupancy No. NC.4303 and thereon verged RED and registered as No. NCR 52 at page 52 in volume 10 (Certificate of Occupancy) at the Lands Registry in the office at Kaduna.

2. ₦20,000.00 damages against the defendants for trespass committed on the said parcel of land.

3. Perpetual injunction restraining the defendants, their agents, servants and/or privies or oth…

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IBRAHIM
V.
MOHAMMED