BAYI
V.
KOGARI.

(2007) JELR 45797 (CA)    

Court of Appeal  ·  CA/K/288/2002 ·  22 May 2007 ·  Nigeria
CORAM
DADA ALKALI BA'ABA Justice of The Court of Appeal of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Court of Appeal of Nigeria OLUKAYODE ARIWOOLA Justice of The Court of Appeal of Nigeria
Core Terms Beta
respondent
appeal
magaji kurma
agreement
parties
favour of the appellant
learned counsel
lower court
issues
katsina state high court
trial area court
appellate jurisdiction
issue no.
jikamshi area court
19th day of october
burden of proof
decision of the area court
decision of the trial court
judgment of the upper area court malumfashi
katsina state
late magaji kurma
mere promise
upper area court malumfashi
above principle
careful examination
civil cases
error of the law
father magaji kurma
following statement
formation of the contract
furtherance of that promise
islamic law of contract
judgment of the area court
judgment of the high court of justice
kudirat motonmori olatokunbo kekere-ekun
leading judgment
malumfashi judicial division
mere agreement
p. d. ltd.
p. i.
record of the trial court
respect of the sale of the said farmland
second issue
see ogbunyinya v
third party
trial area court jikamshi
trial judge

BABA ALKALI BA'ABA, J.C.A (Delivering the Leading Judgment) This is an appeal against the judgment of the High Court of Justice, Katsina State, in its appellate jurisdiction, holden in Malumfashi Judicial Division, delivered by Hon. Justice Sada Abdulmumini in an appeal filed by the respondent at the Upper Area Court Malumfashi against the judgment of the Area Court, Jikamshi which gave judgment in favour of the appellant who was the plaintiff before the Jikamshi Area Court. In its judgment, delivered on the 19th day of October, 2002, the Katsina State High Court set aside the judgment of the Upper Area Court Malumfashi which affirmed the decision of the Area Court, Jikamshi.

The facts leading to this appeal briefly are as follows: One Magaji Kurma now deceased had a farm that shares common boundary with the respondent's house. As a result, the appellant and late Magaji Kurma used to quarrel every raining season. Because of the mischief usually caused by the' appellant's sheep and goa…

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