CORAM

ALEXANDER, CHIEF JUSTICE, NIGERIA

PARTIES

ALHERI GARBA ZIRA                  VALEM GARBA ZIRA  APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiffs now Respondents instituted an action by a writ of summons before the High Court of Justice, Adamawa State, against the Defendants now Appellants seeking a declaration that the action of the Defendants of continual farming on the Plaintiffs’ land after demand on the Defendants’ by the Plaintiffs to stop amounted to trespass of the Plaintiffs’ land lying and being situate at Garu Pullu, Jigalambu Ward of Michika Local Government Area, Adamawa State, an order of perpetual injunction restraining the Defendants, their servants, heirs and agents from further farming or building on the Plaintiffs’ land lying and being situate at Garu Pullu, Jigalambu Ward of Michika Local Government Area, Adamawa State, the sum of Five Hundred Thousand Naira (N500,000.00) only being damages for trespass on the Plaintiffs’ land and the cost of the action. At the conclusion of the trial, the court entered judgement in favour of the Respondents. Aggrieved by the trial court’s judgement, the Appellants have lodged the instant appeal before this court contending that the trial court erred in granting the reliefs in favour of the Plaintiffs/Respondents when the land is not certain in location and size and Plaintiffs did not establish exclusive possession of the disputed land.

HELD

Appeal Dismissed

ISSUES

Whether the Respondents discharged the onus of proof on them so as to have the judgment of the trial Court in their favour?

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Evidence Act, 2011

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