(2002) JELR 44499 (CA)    

Court of Appeal  ·  CA/K/1/97 ·  18 Feb 2002 ·  Nigeria
Other Citations
Kankia v. Maigemu [2003] 6 NWLR (Pt.817)pg. 496
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria JOSEPH JEREMIAH UMOREN Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
statement of defence
trial court
declaration of title
parcel of land
fourth respondent
grounds of appeal
kofar bai quarters
appellate court
notice of appeal
sketch plan
briefs of argument
evaluation of evidence
evidence of second defence witness
principle of prescription
said witness
statements of claim
strength of his own case
5th respondents
absence of such ground of appeal
area of ascription of probative value
case of the state v
disputed piece of land
evidence of witnesses
exception of fourth defendant
fact of the case
improper evaluation of evidence
intendment of exhibit a
islamic jurisprudence
katsina state high court of justice
last submission of the learned counsel touches
learned trial judge abdullahi m. yusuf
peaceable possession of the piece of land
personal knowledge of the acquisition of the land
person of third defendant
previous appellant
reasoning of the learned trial judge
rejection of the evidence of second plaintiff witness
see oke v
set of houses
support of his claim
virtue of order

SALAMI, J.C.A. (Delivering the Leading Judgment): The plaintiff, in the Katsina State High Court of Justice, took out a writ of summons against the defendants claiming a declaration of title to a parcel of land situate at Kofar Bai quarters, Katsina; N50,000.00 general damages for trespass and perpetual injunction.

Parties, with exception of fourth defendant, filed and exchanged pleadings which were settled at statements of claim, and defence as well as reply to the statement of defence. The plaintiff testified on behalf of himself and called another witness in support of his claim.

The defendants called a witness, in person of third defendant to testify for the defence. The fourth defendant too testified. Thereafter, learned counsel addressed the court. At the end of learning, the learned trial Judge Abdullahi M. Yusuf, J., in a reserved and well considered judgment, dismissed the claim.

The plaintiff was dissatisfied with the judgment, being aggrieved appealed to this Court in a no…

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