Stephen Asujik v. Danjuma Jauro (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, JCA (Delivering the leading judgment)

Appellant filed an amended notice of appeal on 13/1/2021, which was deemed duly filed and served on 6/6/2022, to appeal against the decision of Taraba State High Court, in suit No. TRST/25/2016, delivered on 24th May, 2018, by Hon. Justice D.N. Buba, whereof the learned trial court granted all the reliefs sought by the plaintiff (now respondent), namely, title to the land sought, injunction and damages for trespass, in respect of the suit No. TRST/25/2016.

At the trial, the lower court had heard three cases, together, namely: TRST/19/2016, TRST/24/2016 and TRST/25/2016 and gave judgments to the plaintiff. But in respect of TRST/24/2016, the trial court granted only title, but dismissed reliefs B, C and D claims that defendant was a trespasser, perpetual injunction and damages, respectively.

The three suits were consolidated and heard together by the trial court.

This appeal concerned only the decision in respect of suit No. TRST/25/2016, whereof the plaintiff (now respondent) Danjuma Jauro had claimed as follows, against appellant, Stephen Asujik:

A) An order declaring title to the parcel of land in dispute in favour of the plaintiff against the defendant bounded as follows:-

(i) To the East, by a stream called Iyang Issa (also Tsafur or yangbying subject to dialectical difference).

(ii) To the North, a motorable road formerly – a foot path that leads to Kejean village, which separates the land from that of one Danjuma Nyika’an.

(iii) To the North-East, by the land of one Timothy Anderefun, the father to Honourable Habila Timothy,

(iv) To the South, by the parcels of land of late Nwunji Chiribom (now inherited by his son Dauda Nwunji Chiribom), late Gabso Jesse (now inherited by his grandson Rimantsiwe Jess Haruna), and late Daniel Shampang (now inherited by his son Godwin Shampang).

(v) To the West, Taengsang rock or livingstone separating the land from that of one Dogo Nwunji,

B. An order of this honourable court declaring the defendant trespasser to the land; and

C. An order of this honourable court perpetually restraining the defendant, his agents, privies, assigns, administrators and successors in title from further acts of trespass on the land in dispute are hereby made.

D. A sum of N500,000.00 (Five Hundred Thousand Naira only) is hereby awarded to the plaintiff against the defendant as general damages for trespass. (See pages 402 to 403 of the record of appeal).