(2002) JELR 44408 (CA)    

Court of Appeal  ·  CA/K/78/98 ·  16 Oct 2002 ·  Nigeria
Other Citations
Darma v. Batagarawa (2002) 17 NWLR (Pt.796)243
Darma v. Batagarawa (2002) 17 NWLR (Pt. 796) 243
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria BABA ALKALI BA' ABA Justice of The Court of Appeal of Nigeria
Core Terms Beta
declaration of title
learned trial judge
first defence witness
statement of defence
additional grounds of appeal
alhaji halidu rafindadi
parcel of land
access road
finding of the learned trial judge
trial judge
katsina state government
submission of the learned counsel
disputed land
leading judgment
statement of claim
support of his defence
trial court
brother salami
building of katsina flour mill
credible admissible evidence
evaluation of evidence
evidence of the first defence witness
favour of the plaintiff
flour mills katsina
hausa language
high court of justice of katsina state
leave of the trial court
onus of proof
particular witness
part of my land
personal knowledge of a language
piece of land
portion of his own acquisition
prosecution of his appeal
respondent proved title
support of his claim

SALAMI, J.C.A. (Delivering the Leading Judgment): In the High Court of Justice of Katsina State of Nigeria, the plaintiff claimed as follows:

a. A declaration of title over a parcel of land lying and situate at or near Flour Mills Katsina, which he bought from one Alhaji Halidu Rafindadi.

b. An injunction restraining the appellant, his agents, servants and privies from raising any claim or trespassing over the piece of land.

c. General damages for trespass in the sum of N5,000.00.

The plaintiff with leave of the trial court filed his statement of claim. The defendant on entering his appearance filed his statement of defence whereby he denied the plaintiff's claim. The parties having joined issues, the plaintiff called two witnesses and tendered a photographic copy of a sale agreement in support of his claim, while the defendant called four witnesses including himself in support of his defence. Learned trial Judge, Sanusi, J. (as he then was) in a reserved and considered judgment enter…

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