(2006) JELR 44212 (CA)    

Court of Appeal  ·  CA/J/145/97 ·  26 May 2006 ·  Nigeria
Other Citations
Dauda v. Iba (2007) 2 NWLR (Pt.1018) Pg.321
Dauda v. Iba (2007) 2 NWLR (Pt. 1018) 321
KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria MUHAMMAD LADAN TSAMIYA Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st plaintiff
ukyor stream
trial court
gbafan iba
root of title
1st appellant
2nd plaintiff
declaration of title
disputed land
lower court
finding of the trial court
identity of the land
area court
benue state
chihin iba
leave of the court
relevant evidence
trial area court
weight of evidence
2nd plaintiff kave iba
argument of counsel
boundary of the land
decision of the trial area court
decree of title
failure of the 1st plaintiff gbafan iba
favour of the plaintiff
high court
high court of justice
issue of the identity of the land
judgment of the area court
kave iba
learned counsel
learned judges of the high court
meeting point of sham road
order of the court
perusal of the records
root of title of the plaintiff
said land
straight line
trial area court inspite
witness dw1

IFEYINWA CECILIA NZEAKO, J.C.A. (Delivering the Leading Judgment): This appeal arose out of a claim instituted at the Area Court, Katsina-Ala, Benue State by the plaintiff, who is the respondent in this appeal, and another. They instituted the action against the defendants, the appellants herein and others. The claim was for a declaration of title to a piece of farmland lying and situate at Gaambe Mbacher in Katsina-Ala Local Government Area (LGA) of Benue State of Nigeria. The defendants who denied the claim, also had a counter-claim.

The Area Court heard the parties and their witnesses, visited the land in dispute and later gave judgment in favour of the plaintiff.

Dissatisfied, the defendants appealed to the High Court of Justice, Katsina-Ala Benue State, sitting in its appellate jurisdiction, coram, Utasaha, J. and Eko, J. The High Court heard argument of counsel for both parties and dismissed the appeal, affirming the judgment of the Area Court. Again dissatisfied, the defendan…

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