Alhaji Buba Usman V. Mohammed Tanimu Garke (1998)

LawGlobal-Hub Lead Judgment Report

EDOZIE, J.C.A.

The respondent was the plaintiff and the appellant the defendant in suit No TRSJ/30/93 before the Taraba State High Court sitting in Jalingo in which each party claimed title over a disputed plot of land. The case was tried on pleadings based on the plaintiff’s amended statement or claim (claim for short) and the defendant’s statement of defence (defence for short).

As formulated in paragraph 17 or his claim, the reliefs sought by the plaintiff are:

“17 Whereof the plaintiff claims against the defendant;

(a) A declaration of title over the parcel of land described as plot No. 19A Road lying and situate at the Jalingo old air strip measuring about 1110 square metres based on MISCJP), 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 pared of land.

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

(d) The sum often thousand naira general damages for trespass.

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

In his defence, the defendant denied the plaintiff’s claim and in a counter-claim subjoined to the aforesaid defence, he set up relief’s similar to those of the plaintiff which read as follows;

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

(i) A declaration of title over the parcel or plot of land lying and situate al old air strip, Jalingo, Taraba State, correctly described as plot No 19A along Sports Council Road, Jalingo (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) as general damages for trespass.