USMAN
V.
MUNGA

(2012) JELR 49291 (CA)    

Court of Appeal  ·  CA/J/121/06 ·  23 May 2012 ·  Nigeria
CORAM
MONICA B. DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria CHIMA CENTUS NWEZE Justice of The Court of Appeal of Nigeria ABUBAKAR ALKALI ABBA Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
lower court
issue
undefended list
writ of summons
learned trial judge
trial court
general cause list
civil procedure
main relief
preliminary objection
kabiru v ibrahim
pieces of land
evidence act
notice of intention
commission of crime
main claim
case of the respondent
sum of n800,000.00
issue of comparison of signature
present case
prime facie case
said exhibit
allegation of a criminal offence
evidence of such transaction
favour of the respondent
following issues
jules v ajani
leading judgment
nature of defence
nnodim v amadi
propriety of the order
said affidavit
said sum
serious allegations of crimes
staff of the ministry of lands
supporting affidavit
support of respondent
taraba high court
trade bank plc v chami
trial of civil proceedings
uba v immarches
view of the above allegations of crime
vis-a

CHIMA CENTUS NWEZE J.C.A. (Delivering the Leading Judgment): The Taraba High Court [coram A. Ali J] (hereinafter referred to as the lower court) heard suit no TRSJ/109m/2005 under the Undefended List. The court entered judgment in favour of the respondent [plaintiff, at the lower court] in the sum of N800,000.00.

The case of the respondent was that, sometime in the year 2003, the appellant, a staff of the Ministry of Lands and Survey, Jalingo, offered and sold to him two (2) pieces of land at the rate of N850,000.00. The pieces of land are known as plot No 5 Presidential Lodge Road and No 2A close, on TSPJ3 Annex.

He deposed to the fact that he deposited several trips of sand and gravel on the land in issue. He also dug a foundation-trench on the land preparatory to developing same. However, in august 2004 when he went to the land, he discovered that a company was constructing Government Quarters there. His inquiry revealed that the land was the property of the Government of Taraba …

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