TORO & ANOR
V.
YAKUBU

(2011) JELR 46070 (CA)

Court of Appeal · CA/J/18/2006 · 29 Mar 2011 · Nigeria

CORAM

UZO NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

respondent

appellants

learned trial judge

plaintiff

ministry of lands

evidence act

counsel

lower court

certificate of occupancy no. ba

grant

exhibit pl

issues

trial judge

bauchi state government

hectres of land

beacon stones

piece of land

2nd defendant

necessary party

applicability of section

bauchi industrial area

decision of the trial judge

ground iv of the appellants

grounds of appeal

trial court

certificate of occupancy

court of appeal rules

learned counsel

ministry of land

plot no.

plot of land

brief facts of the case

case of central bank of nigeria

case of egbe v. alhaji

declaration of title

further need of the ministry of lands

judgment of the high court bauchi state

large piece of land

leading judgment

philomena m. ekpe

said no.8 wase close

such evidence calls

sufficient evidence

suit no. ba

v. aite okojie

PHILOMENA M. EKPE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court Bauchi State presided over by Hon. Justice H. M. Tsammani in Suit No. BA/130/2001 on the 14th day of April 2005. The brief facts of the case are that the Respondent in the lower court sued the Appellants for a declaration of title to a piece of land known as Plot No. 8 Wase Close, Bauchi Industrial Area, covered by a Certificate of Occupancy No. BA/664 dated 10th July, 1980.

The Respondent in addition had also claimed that the appellants trespassed unto this plot of land belonging to him when they merged it with other plots in the area, destroying beacon stones, fencing and excavating the land, and even going further to plant mango trees thereon.

The Appellants on the other hand claimed title to a large piece of land in the same area measuring 6.25 hectres which land included the Respondent's plot No.8 Wase Close, Bauchi Industrial Area. The Appellants further claimed tha…

TORO & ANOR V. YAKUBU

TORO & ANOR
V.
YAKUBU