ABUBAKAR
V.
ABUBAKAR

(2013) JELR 58041 (CA)    

Court of Appeal  ·  CA/K/355/2007 FRIDAY, 1 NOVEMBER 2013 ·  1 Nov 2013 ·  Nigeria
CORAM
THERESA ORJI-ABADUA JCA ( Presided ) ITA G. MBABA JCA HABEEB A. OLUMUYIWA ABIRU JCA ( Read the Lead Judgment )

ABIRU JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Kaduna State in suit No. KDH/Z/104/ 1997 delivered by Honorable Justice Dogara Mallam on 29 November 2006. The action before the lower court was commenced by the 1st to the 5th respondents, as plaintiffs, against the appellant and the 6th respondent, as defendants, and their claims were for:

i. A declaration that the plaintiffs, by virtue of being the next heirs of Mallam lbrahim M.Alkalin Kangiwa, had been and still are the lawful and beneficial owners, for the purpose of inheritance unto the properties of late Mallam Ibrahim Muhammadu Alkalin Kangiwa, of all that piece of farm situate at Unguwan Bizara near Bizara village, in Zaria Local Government of Kaduna State and in possession of same, measuring 5.8 acres bordered as follows:- East- Unguwan Bizara i.e. on the road to Dembo village; South - Mallam Rabo’s mango trees; North East - Babadoko and Umaru Shagalinkafarms; North - toward…

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