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GULMA
V.
BAHAGO

(1992) JELR 76252 (CA)

Court of Appeal 11 May 1992 Nigeria
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- The appellant, Idrisu Gulma, claimed a farmland in the possession of the respondent before the Upper Area Court, Gwadabawa, alleging it was loaned to the respondent's predecessor and seeking its return upon the original owner's death. - T

Case Details

Judges:UTHMAN MOHAMMED, J.C.A. (Presided and Read the Leading Judgment), SANI SALITH AIKAWA, J.C.A., MURITALA AREMU OKUNOLA, J.C.A.
Counsel:M.A. Mikailu Alkali - for the Appellant Umaru Dahiru -for the Respondent.
Other Citations:(1993) 1 NWLR (Pt. 272) 766

MOHAMMED, J.C.A. (Delivering the Leading Judgment): The appellant, Mallam Idrisu Gulma, filed a suit before the Upper Area Court, Gwadabawa, in Sokoto State, claiming the farmland in dispute which is in the possession of the respondent. In his statement of claim the appellant averred that the farmland in dispute was given on loan to the respondent by one Nakura, on consideration that the respondent shall pay tribute form the proceeds of yields from the farm.

The appellant explained further that Nakura was the husband of one Hajo who was a sister to his mother, Maryam. After the death of Nakura, the appellant demanded for the return of the farmland to the rightful heirs, but the respondent refused, saying that he purchased the farm from Nakura.

The respondent, on his part, told the trial Upper Area Court that Nakura sold the farmland to his grandmother, His grandmother gave it to his father, Bahago, and he was bom in the said farm, 35 years before the commencement of the trial at the Upp…

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