RUKUJE
V.
DEBA

(2018) JELR 39154 (CA)    

Court of Appeal  ·  CA/YL/77/2017 ·  28 Feb 2018 ·  Nigeria
CORAM
ADAMU JAURO Justice of The Court of Appeal of Nigeria UCHECHUKWU ONYEMENAM Justice of The Court of Appeal of Nigeria HABEEB ADEWALE OLUMUYIWA ABIRU Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
lower court
counsel
respondent
issues
abuse of process
subject matter
statutory right of occupancy no ba
supreme court
trial court
case of the respondent
final address
present case
bauchi state government
brief of arguments
farm manager of the respondent
tukulma forest reserve area
finding of the lower court
issue of title
owner of a parcel of farmland
further trespass
part of the land
portion of land
rules of the high court of gombe state
trial high court
above finding of the lower court
abundant evidence
allottees of the bauchi state government
anor vs
case of saraki vs kotoye
cases of daniel vs frn
cases of jadesimi vs okotie-eboh
content of the circumstances of the material facts
court action
declaration of ownership of land
entry of the appellant
exact size of the parcel of land
file of that land
honorable justice saad mohammed
improper use of the judicial process
inevitable leads
iota of law
iyoho vs effiong
judgment of the high court of gombe state
positive evidence
reason of the said trespass
records of appeal show
role of an appellate court
stratagem of the plaintiffs
suit no gm

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Gombe State delivered in Suit No GM/245/2015 by Honorable Justice Saad Mohammed on the 20th of February, 2017. The action in the lower Court was commenced by the Respondent and his claims against the Appellant were for a declaration that the entry of the Appellant into his farmland amounted to trespass, injunction to restrain further trespass, damages for specific injuries suffered by reason of the said trespass, general and aggravated damages, Solicitors fee and cost of the action. The Appellant counterclaimed for declaration of ownership of land, declaration of trespass, injunction to restrain further trespass, damages for trespass, legal fees and cost of the action.

The case of the Respondent on the pleadings was that he was the owner of a parcel of farmland known as Tukulma Forest Reserve Area, which shares boundary with Dundadu Forest Reserve Area, and…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login