(2022) JELR 109122 (SC)    
Supreme Court  ·  SC.594/2018 ·  7 Jan 2022 ·  Nigeria
Mary Ukaego Peter-Odili, JSC Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC Ejembi Eko, JSC Mohammed Lawal Garba, JSC Ibrahim Mohammed Musa Saulawa, JSC
Core Terms Beta
abubakar haruna
root of title
ministry of defence
brief of argument
sole issue
trial court
certificate of occupancy no.
country planning
documentary evidence
kaduna state
lower court
valid root of title
1st respondent
customary owners
large expanse of farmland
mary ukaego peter-odili
case of the appellant
learned justices of the court of appeal
ministry of lands
said abubakar haruna
single issue
statement of claim
then government of northern nigeria
undisturbed possession of the land
abuse of the due process of this court
advantage of the defendants
appeal of the respondents
grant of the certificate of occupancy
high court
interest of the ministry of defence
issue of traditional evidence suo motu
judgment of the court of appeal
judgment of the trial
kaduna division
lead evidence
leading judgment
legitimate exercise of the right of ownership
matter of traditional evidence
pleaded root of title
possession of the said farmland
production of documents of title
said land
statement of claim of the appellant
state of pleadings
survey division of the ministry of lands
title holder of the property subject of this appeal

MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): 

This is an appeal against the judgment of the Court of Appeal, Kaduna Division or Court below or lower Court, Coram: Uwani Musa Abba Aji JCA (as he then was), Oluduton Adebola Adefope-Okojie and Amina Audi Wambai JJCA, delivered on the 16th day of March, 2018 wherein the appeal of the respondents was allowed and the judgment of the trial High Court per D.H. Khobo J., was set aside and the appellant therein was declared the title holder of the property subject of this appeal.


The case of the Appellant as plaintiff before the trial Court is that the title and interest in and over the large expanse of farmland situated and lying at Rugan-Guza, Rigachikun in Igabi Local Government Area of Kaduna State measuring 138.803 hectares (343.00) Acres) covered by Certificate of Occupancy No. 15925 dated 9/6/2005 (Exhibit 4) and more particularly delineated in the approved survey plan no. KD.15925 deposited in the office of the …

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