Captain Daniel Jah Pam v. Mrs. Mary Luguja & Ors (2025)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABIODUN AZEEM AKINYEMI, JCA (Delivering the leading judgment)

Introduction

This appeal is against the judgment of the High Court of Plateau State, holden at Jos, delivered on the 29th day of September, 2023 by his lordship David G. Mann Chief Judge, dismissing the claims of the appellant for declaration of title, perpetual injunction, mandamus and damages for trespass, while granting the counterclaims of the 1st, 2nd and 3rd respondents for declaration of title, perpetual injunction and damages for trespass.

Dissatisfied with the judgment, the appellant has brought this appeal, predicated upon six (6) grounds. The judgment appealed against is contained at pages 825 – 859 of the record of appeal (hereinafter referred to as ‘the record’), while the notice of appeal is to be found at pages 860 – 868 of the record.

Pleadings and reliefs sought

Commenced by writ of summons and statement of claim filed on the 5th of April, 2006, (pages 1 – 8 of the record) the final pleading of the appellant is his amended statement of claim filed on the 27th of October, 2022 (pages 713 – 716 of the record).

The reliefs claimed therein are as follows:

i. A declaration that the claimant is entitled to all that piece and parcel of land situate and lying along Bukuru-Rayfield Road and covered by a Plateau State Right of Occupancy File No. PL 35967.

ii. An order of perpetual injunction restraining the 1st, 2nd and 3rd defendants, their agents or any person or body on their behalf from in anyway tampering/interfering with or trespassing on/into the said land.

iii. An order of mandamus directing the defendants to severally and jointly dismantle, remove and/or by any process whatsoever clear the premises of the structure(s) erected on same by themselves and/or through those acting for and on their behalf.

iv. The sum of N750,000 (Seven hundred and fifty thousand naira) only jointly and severally being damages for trespass and the distortion of the topography and loss of the use of the said piece or parcel of land and/or part thereof since the year 2001 when defendants’ adverse activities on the said land were discovered.

v. An order directing the 4th defendant to complete the processes pending in PL.35967 and issue a Certificate for the Right of Occupancy over the entire land to the claimant to the exclusion of the 1st, 2nd and 3rd defendants and all others.

vi. Cost of this action.

By her amended statement of defence and counter-claim filed on the 11th of July, 2016, (pages 385 – 393 of the record) the 1st respondent (1st defendant) counter-claimed against the appellant as follows: