Yongo & Ors V. Hanongon & Ors (2022)

LAWGLOBAL HUB Lead Judgment Report

ADAMU JAURO, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Makurdi Judicial Division wherein the Court dismissed the Appellants’ appeal and affirmed the judgment of the High Court of Benue State which dismissed the Appellants’ claims and granted the 1st Respondent’s counter-claim.

BRIEF STATEMENT OF FACTS

The Appellants by Writ of Summons and Statement of Claim instituted the action before the trial Court and sought the following reliefs in their Further Amended Statement of Claim:

​a) A declaration that the Plaintiffs are entitled to all the pieces of land on which their various and several structures are built, situate immediately after the boundary between the 1st defendant and the plaintiffs.

b) A perpetual injunction restraining the 1st defendant by herself, servants, agents, heirs or privies from trespassing on the plaintiff’s lands.

c) An order that the 2nd defendant shall grant the plaintiff’s title documents to their various title-holds.

d) Damages for trespass into the plaintiff’s land by digging foundation into their land to enclose their several and various plots in the sum of N100,000.00 each = (N500,000.00).

e) Damages for destroying pepper, okro and green stands planted within the fence of the 2nd defendant in the sum of N25,000.00

f) Damages for detention for 24 hours in the police cell, harassing and intimidating the 1st and 3rd plaintiff in the sum of N25,000.00 each = (N50,000.00).

Total special damages at the sum of N575,000.00

General damages at the sum of N425,000.00

Total – N1,000,000.00.”

On her part, the 1st Respondent counter-claimed as follows: