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DAN MAISHANU & 8 ORS VS YUSUFU SARKIN ANCHAN

(2007) JELR 47485 (CA)

Court of Appeal 30 Apr 2007 Nigeria
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Suit Number:CA/K/273/2003
Judges:BABA ALKALI BA' ABA Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria ABUBAKAR ABDULKADIR JEGA Justice of The Court of Appeal of Nigeria
Counsel:J. A. MADAKI Esq.MANNIR SAMBO For Appellant A.Y. MUSA For Respondent

AMIRU SANUSI, J.C.A (Delivering the Leading Judgment): This is an appeal against the decision of the Kaduna State High Court sitting in its appellate jurisdiction in Zaria in suit No. KDH/Z/8A/2002 dated 17/1/2003 the lower court, wherein it affirmed the decision of the then Upper Area Court I G.R.A. Zaria (the trial court) in case No. CVFI/76/2000. The present respondent was the Plaintiff at the trial court while the nine appellants herein, were the defendants.

The facts which gave rise to this appeal are as follows:-

The appellants herein, are farmers living in three villages namely Kugawa, Dolle and Marmara in Anchau in Kubau Local Government of Kaduna State. The respondent is their village Head. The appellants prior to the institution of the suit before the then Upper Area Court I G.R.A. Zaria (herein after called the trial court), were in possession of various farm lands in the villages as individual family owners which they alleged to have inherited same from their respective pa…

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