Court of Appeal: SAN secures victory for Living Faith Church over land dispute
From Noah Ebije, Kaduna
A Senior Advocate of Nigeria (SAN), Dr. Reuben Atabo on Thursday secured judgment over land dispute at the Court of Appeal, kaduna in favour of the Trustees of the Living Faith Church.
The Church through its Counsel had in Suit No.KDH/KAD/530/2012 dragged to the lower Court two persons; Ibrahim Isa and K. Alkali Auta who were laying claims to the land.
However in Appeal No. CA/K/318/18 the Court of Appeal, Kaduna judicial division had on March 10, 2022 set aside the judgment of the lower Court.
In a letter of congratulations written to the Trustees of the church, copies of which were made available to Reporters by the SAN read in part, “We wish to inform you that the above matter came up today, being 10th March 2022 at the Court of Appeal, Kaduna for judgment.
“In a well-considered judgement, the appeal was allowed and the judgment of the lower Court was set aside.
“By this judgment, the Court held that all that parcel of the land claimed by the Church belongs to the Registered Trustees of the Church and not the Respondents.
“Our claims at the lower Court were, a declaration of title to all that piece/parcel of land, measuring about 7.632 acres, situate at Ungwan Maigero, Bayan Dutse-Narayi, Chikun local government area, Kaduna covered by a Deed of Assignment registered at No. 85 at page 85 in Vol. 127 (MISC) of Kaduna State land Registry as shown on Kaduna (TPO) and verged pink in the attached survey plan.
“An order of perpetual injunction restraining the defendants, thier privies, agents, servants and whosoever that claims the plaintiff’s land through the defendants from further encroaching or trespass on the plaintiff’s land.
“The sum of one million naira only as general damages for trespass.
“After allowing the appeal, the Justices awarded the sum of one million naira in favour of the Registered Trustees of the Church and the sum of N50,000.00 for the cost of the suit was also awarded against the Respondents”.