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ALHAJI ABATCHA ALI GANA
V.
MR. BARNABAS ATIYAYE

(2024) JELR 112046 (CA)

Court of Appeal 23 Feb 2024 Nigeria
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- The disputed land in this case are Plot Numbers 98 and 99 in Maiduguri, Borno State. - The Appellant claims to be the rightful owner of the plots of land based on Certificates of Occupancy. - The Respondent argues that the names on the Ce

Case Details

Suit Number:CA/G/150/2023
Judges:ALI ABUBAKAR BABANDI GUMEL JCA UGOCHUKWU ANTHONY OGAKWU JCA MOHAMMED DANJUMA JCA
Counsel:S. M. Gimba, Esq. for the Appellant. N. A. Dammo, Esq. (with A. U. Abubakar, Esq. & N. N. Dammo, Esq. for the Respondent.
Location:Gombe

UGOCHUKWU ANTHONY OGAKWU, JCA (Delivering the Leading Judgement): The disputed land in this action are Plot Numbers 98 and 99 lying and situate behind Mashidimami Waters, Damboa Road in the Abakari Ward, Maiduguri, Borno State. The Plots are covered by Certificate of Occupancy No. BO/8687 in respect of Plot No. 99 dated 5th September 1983 and issued in favour of one Abdullahi Baba of care Deputy Governor, Borno State of Nigeria. The Certificate of Occupancy for Plot No. 98 has the number BO/8689. It is also dated 5th September 1983 and issued in favour of one Alhaji Bulama Gur of care Biu Local Government, Biu, Borno State of Nigeria.

The toreadors in the action trace their title to the disputed land through their respective predecessors in title, to the said grantees of the Certificates of Occupancy. For the Appellant, his predecessors in title dealt directly with the said grantees of the Certificates of Occupancy. Au contraire, the Respondent’s case is that the names on the Certific…

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