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TYOHUNA
V.
OSU & ANOR

(2026) JELR 114915 (SC)

Supreme Court 6 Mar 2026 Nigeria
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Case Details

Suit Number:SC.217/2015
Judges:Mohammed Lawal Garba JSC Tijjani Abubakar JSC Haruna Simon Tsammani JSC Habeeb Adewale Olumuyiwa Abiru JSC Jamilu Yammama Tukur JSC
Counsel:S. O. OKPALE, Esq. For the Appellant. TEMA J. YAJI, Esq. for the 1st respondent. I. R. NWALIA, Esq. for the 2nd Respondent.

HARUNA SIMON TSAMMANI, J.S.C. (Delivering the Lead Judgment): This appeal is against the judgment of the Court of Appeal, Makurdi Division delivered on the 8th day of December, 2014 in Appeal No: CA/J/31/2006.

Before the Benue State High Court of Justice, the Appellant who was the Plaintiff took out a Writ of Summons and Statement of Claim wherein he sought the following reliefs:

  1. A Declaration of title over her plot of land situate and lying at behind Austoma Filling Station, opposite Babcock Nig. Ltd, Idye, Old Otukpo Road, Makurdi, measuring 100 ft x soft bounded on the North by lands of Akosu Iordye; South by Access Road; East by one Yoruba woman, West by the Otukpo Road measuring about 100 ft x 50 ft.

  2. An injunction restraining the Defendants, their agents and privies from tempering with the Plaintiff’s plot and from further harassing, molesting and intimidating the Plaintiff on the said plot.

  3. Damages for trespass = N100,000.00

  4. General Damages of = N100,000.00

    Total = N200,000.00

A…

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