Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



NYAH & ORS
V.
UMOH

(2021) JELR 108862 (CA)    

Court of Appeal  ·  CA/C/236/2020 ·  6 Mar 2021 ·  Nigeria
CORAM
Mojeed Adekunle Owoade JCA James Shehu Abiriyi JCA Muhammed Lawal Shuaibu JCA

Ratio Decidendi

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice Augustine Odokwo delivered on 4th day of June, 2020 in Suit No. HA/32/2016 from the consolidated Suits HA/32/2016 and HA/32/2014 decided by the Honourable Court.

The Appellant as Claimant in Suit No. HA/32/2016 claimed against the Respondent as follows:

1. A declaration that the area of land known as Ndon Obot was not part of the land granted to the Respondent in the Customary Court judgment of 1975 and affirmed by the Magistrate in 2013.

2. A declaration that the Respondent had encroached and trespassed beyond the area that was granted in the Customary Court judgment in 1975.

3. Injunction restraining the Respondent from going beyond the House of the original Defendant which was found to be a boundary neighbour to the disputed land but which was not on the disputed land.

4. Damages for encroachment and destruction of the family residences of the Appellants which d…

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