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SEMBE & ORS
V.
PITTI

(2016) JELR 41050 (CA)

Court of Appeal 3 May 2016 Nigeria
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- The respondent (plaintiff at trial) claimed title, injunction, damages for trespass, and costs relating to land in Wuro Sembe, Taraba State, asserting entitlement through a prior judgment (Suit No. TRSJ/1/97) in favour of his alleged pred

Case Details

Suit Number:CA/YL/47/2014
Judges:JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria SAIDU TANKO HUSSAINI Justice of The Court of Appeal of Nigeria BIOBELE ABRAHAM GEORGEWILL Justice of The Court of Appeal of Nigeria
Counsel:Boniface Iorkumbur, Esq. For Appellant G. T. Ieave, Esq. For Respondent

SAIDU TANKO HUSAINI, J.C.A. (Delivering the Leading Judgment): The Respondent as Plaintiff at the High court of Justice, Taraba State instituted action by way of the Writ of Summons taken out and filed on the 24th June, 2011. By his Statement of claim filed on 5th August, 2011, he claimed all the reliefs listed at paragraph 34 (a)- (e), that is to say: (a) an order for declaration of title to the land in dispute, (b) an order of declaration that the defendants are trespassers on the Plaintiffs lands by their acts of entry, cultivating and planting on same; (c) an order of perpetual injunction restraining the defendants by themselves, their privies or any person lying (sic) claim on the land in dispute from further acts of trespass; (d) the sum of N500, 000. 00 as general damages against the defendants for trespass; (e) Cost of filing and prosecution.

Defendants denied this claim before the trial Court. They are the appellants in this Court. At the commencement of hearing at the trial …

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