Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2021) JELR 108743 (CA)    

Court of Appeal  ·  CA/J/120/2020 ·  22 Jul 2021 ·  Nigeria
Jummai Hannatu Sankey, JCA Tunde Oyebanji Awotoye, JCA Cordelia Ifeoma Jombo-Ofo, JCA

Ratio Decidendi

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Judgment of the High Court of Justice of Bauchi State in Suit No. BA/39/2016 delivered on 21st April, 2020, by S.I. Zadawa, J.

The facts leading to the Appeal are briefly summarized as follows: The 1st Respondent, as Plaintiff before the lower Court, claimed against the Appellant, as 1st Defendant, for a declaration of title, trespass, injunction and general damages. He claimed that his late father was allocated a plot of land consisting of 2000 square meters and covered by a Right of Occupancy No. BA/4100. That it was unjustifiably canceled by the 2nd Respondent who proceeded to grant title over the same piece of land to the Appellant’s grandfather. Aggrieved by the action of the 2nd Respondent, the 1st Respondent filed an action against the Appellant, 2nd and 3rd Respondents seeking inter alia, a declaration of title over the land in question and the cancellation of the grant to the Appellant.…

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