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BILLY
V.
BARKA

(2018) JELR 39432 (CA)

Court of Appeal 23 Jan 2018 Nigeria
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- This is an appeal against a judgment of the High Court of Adamawa State. - The appellant had previously filed a case at the Hildi Area Court claiming title to a farmland. - The Hildi Area Court granted title to the appellant, but the resp

Case Details

Suit Number:CA/YL/83/2017
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:J. K. Dzarma, Esq. with him, Joshua Onoja For Appellant M. D. Muhammad, Esq. with him, M.C. Oduogu, Esq. For Respondent

SAIDU TANKO HUSSAINI, JCA (Delivering the Leading Judgment): This appeal is against the Judgment of the High Court of Justice of Adamawa State sitting on appeal and delivered on the 29th September, 2016 in Appeal case No. ADMS/9A/2011 in which the said High Court affirmed the Judgment of the Upper Area Court 1, Mubi delivered on the 26th May, 2011 in Suit No. CVFI/48/2007.

The Appellant, upon leave sought and granted has appealed to this Court vide the Notice of Appeal dated 19th January, 2017. Facts leading to this appeal can be traced to an earlier case filed by the appellant at the Hildi Area Court. The Appellant had instituted action at the said Hildi Area Court against one Umaru Barka (now deceased) and claimed from him, title over a farmland given to the father of Umaru Barka. The Hildi Area Court upon hearing the case granted title over the farmland to the appellant. Umaru Barka appealed against that decision to the Upper Area Court No. 1 Mubi which, after hearing from parties o…

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