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YANI & ORS
V.
ABBARE

(2013) JELR 35405 (CA)

Court of Appeal 31 Jul 2013 Nigeria
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Case Details

Suit Number:CA/YL/42/2012
Judges:SOTONYE DENTON WEST Justice of The Court of Appeal of Nigeria JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria
Counsel:For Appellant H.M. Rabiu Esq. For Respondent

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): The Appellants herein, led by Jauro Jaka Yani, were Defendants in a suit before the Upper Area Court, Jalingo, wherein the Respondent, Alhaji Bappa Abbare, as Plaintiff therein, had sought for the following reliefs:

a. "A declaration of title to a piece of land lying and situate at Walowol Tibaty.

b. An order of perpetual injunction against the Defendants and general damages of N1, 000, 000,00 (One Million Naira)."

To prove this claim, the Respondent adduced evidence through four (4) witnesses and two (2) exhibits, marked A and A1, being a receipt and a Customary Certificate of Occupancy issued by Karim Lamido Local government Council in Taraba State. In their defence, the Appellants adduced evidence through five (5) witnesses, but tendered no exhibit. At the close of evidence, both learned Counsel addressed the trial Court. Thereafter, the learned trial Upper Area Court Judge delivered a well-considered Judgment in favo…

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