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LAGGA
V.
SARHUNA

(2008) JELR 53641 (SC)

Supreme Court 27 Jun 2008 Nigeria
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Suit Number:SC. 133/2002
Judges:NIKI TOBI JSC (Presided) GEORGE ADESOLA OGUNTADE JSC IKECHI FRANCIS OGBUAGU JSC FRANCIS FEDODE TABAI JSC IBRAHIM TANKO MUHAMMAD JSC (Read the Lead Judgment)
Counsel:M. Y. Sale Esq. (now, SAN) - for the Appellant. -*- U. A. Mohammed Esq. - for the Respondent. F

MUHAMMAD JSC (Delivering the Lead Judgment): Iliya Akwai Lagga, the appellant herein, was the plaintiff at the Upper Area Court Saminaka, Kaduna State (trial court). The originaldefendant was one Mallam Umaru Yusuf Sarhuna, who died and was substituted byAudu Yusuf Sarhuna,the respondent. The claim of the plaintiff against the defendant reads as follows:

“Statement of claim - AlhajiAkwai said, I sued Mallam Umaru because originally the farmland was for my grandfather Dogara. When the grandfather of Umaru Magogori has nowhere to farm, he went to one of my grandfather’s friends called Namata, he complained to him that he should find a farming place for him. Then Namata said he was on the base of a hill, he had no enough farming place. Then, Namata told him there was a friend of his Dogara who has a place for one to stay, I willask him for you, when he came to my grandfather Dogara, he asked him that he has a stranger who wanted to be given a place so that he could work, Dogara agreed t…

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