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AISAMI
V.
MASTA

(2001) JELR 74928 (CA)

Court of Appeal 1 Feb 2001 Nigeria
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Case Details

Judges:UMARU ABDULLAHI, J.C.A. (Presided), IBRAHIM TANKO MUHAMMAD, J.C.A. (Read the Leading Judgment), ISA ABUBAKAR MANGAJI, J.C.A.
Counsel:S.A.M. Liberty Esq. (with him,Iheke Esq. and Suleiman (Mrs)) - for the Appellant. Respondent unrepresented.
Other Citations:(2001) 6 NWLR (Pt. 709) 402

MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The claim of the plaintiff (appellant in this appeal) at the Auno Area Court (trial court) of Borno State against the defendant as respondent herein, was that of title and re-possession of a farmland located at Pompari, Maiduguri, Borno State. The appellant claimed that he loaned the farmland to the respondent and he now wanted to repossess same.

The respondent's response after hearing the appellant's statement of claim


reads as follows:-

"Yes, the farm was given to me by Bulama Aisami as a gift up to my lifetime, and he had told me that my children could inherit the farm after my death. That was the reason why I regarded the farm as a gift."

In an effort to establish his claim, the plaintiff called one witness. The trial court, upon the evidence of this sole witness determined the matter in favour of the plaintiff by confirming ownership of the farmland on the plaintiff. Dissatisfied with the trial court's decision, the defendant appea…

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