CASE TITLE: GODIYA EVENT CENTRE & ORS v. PAJO (2024) LPELR-61893(CA)
JUDGMENT DATE: 28TH MARCH, 2024
PRACTICE AREA: LAND LAW
LEAD JUDGMENT: PETER OYINKENIMIEMI AFFEN, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on Land Law.
FACTS:
This appeal is against the decision of the High Court of Taraba State, delivered on 11/2/22 by S. D. Yakubu, J.
The controversy in this appeal revolves around the blockage of access roads to a residential property situated at Water Tank Road, Government Reservation Area (G.R.A.), Wukari, Taraba State. The Appellants are alleged to have blocked the access road to the Respondent’s property (which is an undeveloped plot of land covered by Right of Occupancy No. TS/8985) and thereby undermined her right of easement by building the Godiya Events Centre on adjoining land (covered by Right of Occupancy No. TS/14805 granted to one Gambo Adi) in utter violation of the residential purpose for which it was granted.
The trial Court eventually entered judgment in favour of the Respondent (plaintiff) against the Appellants (Defendants).
The Appellant was dissatisfied with the judgment of the trial Court, hence, this appeal.
ISSUES FOR DETERMINATION:
The Court adopted the two issues distilled by the Appellant in the determination of the appeal, which state:
1. “Whether or not the Respondent has proved her case as required by law to warrant the judgment of the trial Court in her favour?”
2. “Whether or not the failure of trial Judge to deliver judgment within 90 days after the adoption of final written address(es) has occasioned a miscarriage of justice for the Appellants?”
DECISION/HELD:
In the final analysis, the appeal was allowed and the judgment of the trial Court was set aside. The Court ordered that the case be remitted for a retrial.
RATIOS:
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