SANTI
V.
BAGOBIRI

(2004) JELR 51000 (CA)    

Court of Appeal  ·  CA/J/315/98 ·  6 Jul 2004 ·  Nigeria
CORAM
OLUDADE OLADAPO OBADINA JCA (Presided) AMIRU SANUSI JCA (Read the Lead Judgment) IKECHI FRANCIS OGBUAGU JCA
Core Terms Beta
respondent
appeal
weight of evidence
brief of argument
notice of appeal
grounds of appeal
issue
case
ground of appeal
trial court
original ground of appeal
said application
appellant’s brief
sanusi jca
amended notice of appeal
decision of the lower court
decision of the trial court
evidence act
learned trial judge
leave of this court
lower court
parcel of land
amended appellant’s brief
correct form
criminal appeals
declaration of title
lead judgment
omnibus ground of appeal
proper ground of appeal
record of proceedings of the lower court
additional ground of appeal
better grounds
competence of the sole ground of appeal
defendant thereat
disputed land
following words
incompetent ground of appeal
istrite law
judgment of taraba state high court
learned counsel’s submission
leave of court
new notice of appeal
piece of land
receipt of the record of the trial court
requirements of sale of land transaction
said decision
said parcel
sole ground of appeal
validity of the appeal
view of the provisions of order

SANUSI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Taraba State High Court (coram Siddik Mohammed J.) delivered on 17th February, 1997. The respondent was the plaintiff at the lower court, whereas the appellant was defendant thereat. By a writ of summons, the plaintiff/respondent sued the defendant and made the undermentioned claims. (1) A declaration of title to that parcel of land situate and lying at the right hand side of Waru road of May-Gwot, Jalingo.

General damages of N10,000.00 (ten thousand naira) for trespass.

A perpetual injunction restraining the defendant by himself, his agents, heir, privies, assigns or whosoever claims through him from trespassing, or further trespassing into the said parcel or piece of land.

Pleadings were ordered, filed and exchanged by the parties and subsequently hearing commenced. In the course of the hearing, the respondent as plaintiff, called three witnesses while the appellant as defendant, called two witnesses…

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