n Compulaw - 1st Indigenous Digital Law Library
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CaseLaw

Usman V. Garke (1999) CLR 1(L) (CA)

Brief

  • Counter claim (Nature of)
  • Findings of fact by trial court
  • Academic exercise (Duty on court not to embark on)
  • Raising issue suo motu
  • Documentary evidence
  • Admissibility of unregistered registrable instrument
  • Evaluation of evidence by trial court
  • Witness (Credibility of)
  • Certificate of occupancy
  • Customary right of occupancy (Where created)
  • Possession (Adverse claimants thereto)
  • Registrable instrument (Where unregistered)
  • Lis Pendens (Doctrine of)

Facts

The respondent sued the appellant for declaration of title over the parcel of land along with an injunction, special and general damages for trespass. The appellant counter claimed, seeking similar reliefs.

The respondent's stated that in 1988, he applied and got allocation of a plot of land based upon which he deposited 8 tipper load of sand from which he moulded 2,500 blocks in anticipation of developing the plot. A certificate of occupancy was also issued to the respondent. He proceeded to start construction only to see appellant building on the plot. The respondent got the Urban Development and Planning Authority to prevail on the appellant to stop building on the plot but the appellant continued building. Appellant claimed that he bought the land from one Ali Abubakar Gadal who derived title to the land from the same Jalingo Local Government.

The trial court dismissed the appellant's counter claim and entered judgment in favour of the respondent, where upon the appellant appealed.

Issues

  • 1
    Whether the trial court was rights when it held that paragraphs 4, 5 and...
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