Sylvanus Viashima, Jalingo
The Federal High Court in Jalingo on Thursday delivered judgement in favour of Nigeria’s envoy to the Republic of Trinidad and Tobago, Alhaji Hassan Ardo Jika, in a land dispute that has lasted for over four decades, against Sardauna local government area, Mr Timothy Flias and eight others.
Justice Yusuf Bashir, who delivered the judgement, said that the defendants were not able to prove that they were the rightful owners of the land and that their actions amounts to criminal trespass; he awarded the plaintiff the sum of two hundred thousand naira (N200,000) as damages.
He further issued an order of perpetual injunction restraining the defendants, their privies and agents from further encroaching or trespassing on the land in dispute.
In the suit filed at the court on the 20th February, 2017, the plaintiff had prayed the court to stop the defendants from encroaching on his land and demanded the sum of five hundred million naira as damages.
The judgement read in part:
“Based se on the evidence made available to this court, title is hereby declared in favour of the plaintiff and all other successors of the Late Ardo Hassan Hainare, over all the land in dispute.
“An order of perpetual injunction is hereby issued restraining the defendants, their privies and agents from further encroaching or trespassing on the land in dispute. A declaration that the action of the defendants amounts to trespass for sanction to the sum of two hundred thousand naira awarded to the plaintiff as damage.
“The defendants are ordered to retrieve all trees planted by them on the land or forfeit them to the plaintiff.”
Reacting to the judgement, the council to the defendants Barrister S B Mariaki said the judgement reflects the position of the court and said that his client will “most likely appeal the judgement.”
Meanwhile, the council to defendant Barr. Martins Milkman said that the judgement was “an iron cast judgement that reflected very sound judicial prudence and tenacity that will stand the test of time and any challenges.”