Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



AHMED
V.
SALISU

(2021) JELR 108746 (CA)    

Court of Appeal  ·  CA/G/393/2019 ·  4 Aug 2021 ·  Nigeria
CORAM
Jummai Hannatu Sankey, JCA Tunde Oyebanji Awotoye, JCA Ebiowei Tobi, JCA

Ratio Decidendi

EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice of Maiduguri, Borno State in Suit No. BOHC/MG/CV/79/17 delivered on 16th September, 2019 by Hon. Justice A. Z. Mussa. The facts leading to the appeal are concisely as follows: The Respondent as Claimant filed a suit at the lower Court claiming title and ownership to a plot of land and building known as plot 47B in the Popomari Area of Maiduguri measuring 100 x 50 feet, general damages and perpetual injunction. The Respondent called 6 witnesses and tendered 8 exhibits to prove his case, the Appellant on his part denied the claims, called 2 witnesses and tendered 5 exhibits. The Respondent’s case as claimant in the lower Court was that the land in dispute was originally allocated to one Umara Yusuf in 1979 by the Konduga Local Government Council via a certificate of Occupancy No. 00061. He did not buy the land directly from Umara Yusuf but rather from Ibrahim Garba in…

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