USMAN
V.
GARKE

(2003) JELR 50929 (SC)    

Supreme Court  ·  SC. 141/1999 ·  4 Jul 2003 ·  Nigeria
CORAM
IDRIS LEGBO KUTIGI, JSC (Presided) MICHAEL EKUNDAYO OGUNDARE, JSC SYLVESTER UMARU ONU, JSC AKINTOLA OLUFEMI EJIWUNMI, JSC (Read the Lead Judgment) NIKI TOBI, JSC
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
evidence of dw1
honourable court
learned justice
learned trial judge
order of perpetual injunction
said land
statement of claim
statement of defence
above parcel of land
appeal of the appellant
appropriate law
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
lead judgment
learned justice of the court of appeal
parcel of land
plaintiff claims
plaintiff’s case
plot of land
purpose of this question
said judgment
suit no. trsj
support of their respective cases
support of this contention
taraba state high court
unauthorised utiltization of the plaintiff

EJIWUNMI, JSC (Delivering the Lead Judgment): This appeal is against the judgment of the court below, Jos Division [Coram, Oguntade, JCA, Edozie, JCA (as he then was), and Muhamad, JCA] delivered on the 8th day of December 1988. 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 declaration of title over the parcel of land described A 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. 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. The sum of twenty thousand naira damages for …

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