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MOHAMMED
V.
KUCHITA & 32 ORS

(2026) JELR 114878 (SC)

Supreme Court 20 Feb 2026 Nigeria
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- The appellant sued the respondents at the Niger State High Court seeking damages and injunctive relief for alleged trespass to marshy land known as Lawo in Somman village, Katcha LGA, Niger State; the trial court found for the appellant.

Case Details

Suit Number:SC.486/2012
Judges:John Inyang Okoro, JSC Helen Moronkeji Ogunwumiju, JSC Adamu Jauro, JSC Jummai Hannatu Sankey, JSC Stephen Jonah Adah, JSC
Counsel:Benjamin A. Adokwu, Esq. for the 1st to 4th Respondents. Clifford I. Omozeghian, Esq., with him, Emeka Ohanebo, Esq. and Ndubuisi S. Okochi, Esq. for the 5th Respondent. Desmond Yamah, Esq. for the 6th and 7th Respondents. Angus Obinna Chukwuka, Esq. for the 8th Respondent. Gweke Akudihor, Esq. for the 9th Respondent. D.O. Nosile, Esq. for the 10th and 11th Respondents. F.T. Eruli-Ede, Esq. for the 12th Respondent. S.I. Imokhe, Esq. for the 13th Respondent. Michael Akinleye, Esq. for the 14th and 31st Respondents. Opeyemi O. Ogunleye, Esq. for the 15th Respondent. D.C. Uduru, Esq. for the 16th Respondent. Dr. Donald Atogbo, Esq. for the 17th Respondent. J.D. Olaniyan, Esq. for the 18th Respondent. Alex Mouka, Esq. for the 19th Respondent. J.W. Dong, Esq. for the 20th Respondent. Adeniji A. Oni, Esq. for the 21st Respondent. Olufemi Akintomiwa, Esq. for the 22nd Respondent. Viktor Ibim Benibo, Esq. for the 23rd Respondent. Collins C. Dike, Esq. for the 24th Respondent. Chukwudi Maduka, Esq. for the 25th Respondent. Adepeju O. Jaiyeoba, Esq. for the 26th Respondent. Kelechi Onwuegbuchulem, Esq. for the 27th Respondent. Henry C. Chibor, Esq. for the 28th Respondent. Babajimi Ayorinde, Esq. for the 29th Respondent. Ifeanyi G. Ezeuko, Esq. for the 30th Respondent. Osita Solomon Mbamalu, Esq. for 32nd Respondent. Anthony Biose, Esq. for the 33rd Respondent.

STEPHEN JONAH ADAH, J.S.C. (DELIVERING THE LEADING JUDGMENT): This appeal is brought against the judgment of the Court of Appeal, Abuja Division, delivered on the 15th day of June, 2012. In that judgment, the Court of Appeal (hereinafter referred to as "the lower Court" or the Court below"), set aside the decision of Honourable Justice Tanko Yusuf Usman of the Niger State High Court of Justice, delivered on 29th June, 2009, in Suit No. NSHC/BD/11/2004. 

At the trial Court, the appellant was the plaintiff, while the respondent before this Court was the defendant. Conversely, before the Court below, the present respondents were the appellants, and the present appellant was the respondent. The claim at the trial Court from the Amended Statement of Claim had the following reliefs: 

  1. The sum of Seven Million Naira (N7,000,000.00) being damages for trespass to the Plaintiffs marshy land known as LAWO lying and situate at SOMMAN village in Katcha Local Government Area of Niger State for a perio…

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