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HADA
V.
MALUMFASHI

(1993) JELR 43304 (SC)

Supreme Court 23 Jul 1993 Nigeria
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- The case involves a dispute over a farmland between Alhaji Abdu Malumfashi and Alhaji Usman Hada. - The defendant claims to have bought the land from Magajin Gari Aliyu 37 years ago. - The plaintiff presents witnesses and a letter from hi

Case Details

Suit Number:SC.283/1990
Judges:ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria OLAJIDE OLATAWURA Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria
Counsel:J. B. Daudu (with him, B. Mohammed) For Appellant Dabo Barde (with him, O. Rapu) For Respondent
Other Citations:Hada v. Malumfashi (1993) NWLR (Pt.303)1 (1993) 7 SCNJ 504

WALI, JSC (Delivering the Leading Judgment): Alhaji Abdu Malumfashi complained against Alhaji Usman Hada before Area Court II Malumfashi claiming his late father's farm in possession of the defendant.

The defendant denied the claim and said he bought the piece of land in dispute (which is no longer a farm) from Magajin Gari Aliyu, the village head of Malumfashi since 37 years ago.

To prove that he bought the farmland from Magajin Gari Aliyu, the defendant called Maiunguwa Siyasa, Alhaji Mu'aw Malumfashi Magajin Gari, Maiunguwa Danasumi and Alhaji Bako Malumfashi as his witnesses to the purchase transaction.

At the end of the defendant's case, the court also afforded the plaintiff opportunity of calling his own witnesses and he called the following:

(1) Alhaji Bawa,

(2) Alhaji Shehu,

(3) Alhaji Garba Yammana.

Before the parties closed their respective cases, the plaintiff put in evidence, a letter written by Alhaji Malumfashi, the plaintiff's senior brother who was living and working …

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