Ubayo D. Kedengs V. Yakong Tadi & Anor (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment delivered on 14th May, 2014 in the High Court of Gombe State holden at Gombe wherein the Appellant as plaintiff claimed against the Respondents as Defendants the following:

1. A declaration of title over the land laying situate at Kentengereng Billiri, Billiri Local Government bought by Plaintiff from 2nd Defendant for N700, 000.00 (Seven Hundred Thousand Naira Only.)
2. A declaration that the continued stay of the Defendants on the land constitutes trespass.
3. A perpetual injunction restraining the Defendants and anybody claiming title under them from further entry into the land or developing same.
4. N2, 000, 000.00 examplary (sic) damages
5. N500, 000.00 cost of the action.

The 1st Respondent on his part did not only vigorously defend the suit but counterclaimed for the following:

(a) A declaration of title to this land upon 1st defendant as representing his mother Mrs. Fibi Tadi.

(b) A declaration that the plaintiff/defendant to counterclaim and 2nd defendant are trespassers upon this land.

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(c) N1, 000, 000.00 special damages categorized as follows:-

(1) N200, 000.00 expended on the treatment of Mama as a result of shock resulting from this suit.

(2) N300, 000.00 expended preparatory to continuing development on the land but stopped as the workers became afraid of the implications of this suit.

(3) N200, 000.00 expended on my Journey to and fro Lagos to come purposely to defend this suit.

(4) N200, 000.00 paid to my counsel as I am compelled by this suit to so do.

(5) N100, 000.00 expended as miscellaneous.

(d) The sum of N5m as general damages for trespass.

(e) An order of perpectual (sic) injunction restraining the plaintiff and 2nd defendant, their agents, heirs, servants or any person claiming through them from trespassing or entry in any way nor to disturb the 1st defendant/counter claimants as representing his mothers possession and enjoyment of their land.