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FADA
V.
IBRAHIM

(2015) JELR 40727 (CA)

Court of Appeal 2 Mar 2015 Nigeria
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Case Details

Suit Number:CA/S/73S/2012
Judges:PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria MUHAMMED L. SHUAIBU Justice of The Court of Appeal of Nigeria
Counsel:Muhammad Adeleke Esq. with A. A. Muh'd Esq. For Appellant G. A. Shehu Esq. For Respondent

TUNDE O. AWOTOYE, J.C.A.(Delivering the Leading Judgment): This is the Judgment in respect of the appeal lodged by the appellant on 25/6/2012 vide his Notice of Appeal containing 3 grounds of appeal.

The 3 grounds of appeal as per the Notice of Appeal (excluding the particulars) are:

"Ground 1

The Lower Court has no jurisdiction to entertain the suit, therefore the whole decision of the Lower Court is a nullity

Ground 2

The Appellant was not given a fair hearing

Ground 3

The whole judgment of Lower Court is against the weight of evidence."

The claim of the plaintiff at the Sharia Court Ribah was as follows:

"I, Aliyu Ibrahim is suing one Garba Fada over the issue of the farm I inherited from grandfather called Dan Ruwa, more than 50years ago no one has ever claimed and we have been working in this farm for all these years. But now Garba claimed that it is his farm. This is why I am suing him before this court so that my farm will be confirmed to me."

The court of first instan…

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