(2018) JELR 39055 (CA)    

Court of Appeal  ·  CA/MK/138/2013 ·  30 Jan 2018 ·  Nigeria
JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria ONYEKACHI AJA OTISI Justice of The Court of Appeal of Nigeria JOSEPH EYO EKANEM Justice of The Court of Appeal of Nigeria
Core Terms Beta
2nd respondents
root of title
learned trial judge
declaration of title
kadarko dogo
native law
customary inheritance
land use act
statement of defence
supreme court
said land
1st respondent
acts of ownership
customary right of occupancy no.
better title
1st defendant
2nd defendants
decision of the lower court
respect of the said parcel of land
said parcel of land
trial court
3rd defendants
4th respondents
5th respondents
appellants brief
briefs of argument
challenge of sale of family land
claims of the appellant
close of evidence
complete agreement
comprising of parcels of land
decision of the trial court
declaration of title fails
different reason
further acts of trespass
issuance of the right of occupancy no.
leading judgment
local government area of nasarawa state
parcel of land
proof of his claim
purported grant of certificate of occupancy
rule of pleadings
said kadarko dogo
separate statement of defence
statutory right of occupancy no.
udo tom udo
undisturbed possession of the land

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Nasarawa State High Court Coram Abundaga, J., delivered on February 21, 2013 wherein the learned trial Judge dismissed the Appellant's suit.

In summary, the facts leading to this appeal, as presented by the Appellant, are as follows: The Appellant acquired a parcel of land situate in Masaka, Karu Local Government Area of Nasarawa State from one Kadarko Dogo in July 1994 for which he was issued receipts. The said Kadarko Dogo had acquired the said parcel of land through customary inheritance under the Masaka native law and custom. The Appellant applied for and was granted a Customary Right of Occupancy No. 2776 in respect of the said parcel of land in October, 1994 by Karu Local Government Council of the former Plateau State. He remained in undisturbed possession of the land and begun the construction of a kaolin industry thereon when the 1st and 2nd Respondents trespassed into the …

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