USMAN
V.
GARKE

(2003) JELR 44879 (SC)

Supreme Court · SC.141/1999 · 4 Jul 2003 · Nigeria
·

Other Citations

Usman v. Garke (2003) 14 NWLR (Pt.840)261 (2003) 7 S.C 33 (2003) 7 S.C 33

Usman v. Garke (2003) 14 NWLR (Pt. 840) 261

CORAM

IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria

Core Terms ^Beta

court

case

counter-claim

appeal

exhibit mb1

allocation committee

land use

trial court

issues

appellate court

judgment of the court

trial judge

certificate of occupancy no.

claims of the respondent

declaration of title

further acts of trespass

honourable court

learned justice

learned trial judge

order of perpetual injunction

said land

statement of claim

statement of defence

above parcel of land

a. o. ejiwunmi

appeal of the appellant

bare facts

case of the defendant

clear view

considered view

counter-claim raises

counter-claims of the appellant

first issue

following passage

following reliefs

judgment of the trial court

leading judgment

learned judge ought

learned justice of the court of appeal

parcel of land

plaintiff claims

plot of land

purpose of this question

said judgment

see alhaji j. aromiree v

suit no. trsj

support of their respective cases

taraba state high court

unauthorised utilisation of the plaintiff

A. O. EJIWUNMI, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the court below, Jos Division (Coram, Oguntade, J.C.A., Edozie, J.C.A. (as he then was), and Muhamad, J.C.A.) delivered on the 8th day of December, 1998. By the said judgment, that court dismissed the appeal of the appellant from the judgment of the trial court sitting in Jalingo in the Taraba State High Court, in suit No. TRSJ/30/93. In that case, which was tried on pleadings, the respondent by paragraph 17 of his statement of claim, claimed as follows:

"17. Whereof the plaintiff claims against the defendant:

(a) A declaration of title over the parcel of land described as Plot No. 19A (sic) road lying and situate at the Jalingo old air strip measuring about 1110 square meters based on MISCJP3, Jalingo, Taraba State.

(b) An order of perpetual injunction against the defendant and his privies or servants from committing further acts of trespass on the above parcel of land.

USMAN V. GARKE

USMAN
V.
GARKE