Alhaji Buba Usman Vs Mohammed Taminu Garke (2003)

LAWGLOBAL HUB Lead Judgment Report

O. EJIWUNMI, J.S.C.

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.

(c) The sum of twenty thousand naira damages for the unauthorised utilisation of the plaintiff’s cement blocks and sand.

(d) The sum of Ten Thousand Naira general damages for trespass.

(e) Any further order or orders this Honourable Court may deem fit to make.”

The appellant by his pleadings denied in its entirety the claims of the respondent. In addition, the appellant also filed a counter-claim, which he subjoined to his statement of defence.

By paragraph 2 of the counter-claim, the appellant pleaded thus:

“2. Whereof, the defendant in this cross-action seek the following reliefs:-

(i) A declaration of title over the parcel or plot of land lying and situate at old air strip, Jalingo, Taraba State; correctly described as Plot No. 19A along SPORTS Council Road, (MISC GSJP3). Covered by a Certificate of Occupancy No. 20 of 29/6/82 issued by the Jalingo Local Government Council.

(ii) A permanent injunction restraining the plaintiff, his agents, privies by whatsoever name called, from committing any further acts of trespass on the said land.

(iii) The sum of Twenty Thousand Naira (N20,000.00) as general damages for trespass.