(1998) JELR 45619 (CA)    

Court of Appeal  ·  CA/J/118/96 ·  10 Feb 1998 ·  Nigeria
Other Citations
Pever v. Adaa (1998) 3 NWLR (Pt.540)
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria OKWUCHUKWU OPENE Justice of The Court of Appeal of Nigeria
Core Terms Beta
certificate of occupancy
gboko local government council
root of title
declaration of title
learned trial judge
round huts
leading judgment
piece of land
said plot
favour of the respondent
grant of the said plot
mango trees
1st defendant
2nd defendant
amended statement of claim
benue state high court
briefs of argument
course of the trial
declaration of title of plot
defendant n8,000.00
disputed land
evidence of the witnesses
exhibit b
exhibit e
following cases
general damages n200
grant of the plot
learned trial judge hwamde
plaintiff claims
plot of land
possession of the land
public document
question of the acts of ownership
reply counsel
reserved judgment
respective counsel
respect of plot no.
special damages
subject matter
submissions of counsel
suit no. ghc
support of his case
survey plan of the respondent
v. madam rabiatu odofin

EDOZIE, J.C.A. (Delivering the Leading Judgment): In suit No. GHC/37/93 filed on 12/5/93 before the Benue State High Court sitting at Gboko, the respondent who then was the plaintiff sued the appellant as 1st defendant and the Gboko Local Government Council as the 2nd defendant. The claim against the latter was discontinued in the course of the trial. The parties filed and exchanged pleadings which were subsequently amended with the leave of the court below. In the amended statement of claim, the plaintiff in paragraph 19 thereof sought reliefs as hereunder set out:

"19 Whereof the plaintiff claims against the defendant as follows:

(a) A declaration of title to plot No 1883 Gboko South which the defendant calls plot No 2489 Gboko South.

(b) An order declaring the defendant a trespasser on the plaintiff's plot No 1883 Gboko South.

(c) An order ejecting the defendant from the plaintiff's plot No. 1883 Gboko South.

(d) An order of perpetual injunction restraining the defendant, his agen…

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