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…

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