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ATOSHI & ORS
V.
AGBU & ORS

(2018) JELR 39209 (CA)

Court of Appeal 21 May 2018 Nigeria
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- The appellants, as defendants in Suit No. TRSW/9/2009 (High Court of Taraba State), appealed the trial court’s judgment which declared title to land in favor of the respondents; the appeal (CA/YL/84/2015) was hindered by missing, material

Case Details

Suit Number:CA/YL/84/2015(R)
Judges:OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria SAIDU TANKO HUSSAINI Justice of The Court of Appeal of Nigeria
Counsel:B. Vaatsav Esq. For Appellant E. B. Kizito Esq. For Respondent

OYEBISI FOLAYEMI OMOLEYE, J.C.A.(Delivering the Lead Ruling): The Appellants/Applicants were the defendants in Suit No. TRSW/9/2009 commenced against them by the Respondents as plaintiffs, before the High Court of Taraba State in Wukari Judicial Division (hereinafter called the trial Court), for declaration of title to a certain parcel of land situate at Hyuku II Village. In the judgment of the trial Court in the suit delivered on 2nd of July, 2015, the Respondents claims were granted. The Appellants being displeased with the judgment filed this appeal against it to this Court. The Appellants notice of appeal of thirteen grounds of appeal dated 7th of September, 2015 and filed on the same date is contained in pages 222 to 234 of the record of appeal. In tune with the rules of practice of this Court, the briefs of argument of the parties were filed and exchanged by their respective counsel.

However, before the oral hearing of the appeal, the Appellants learned counsel, S.M. Wakili, Esq.…

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