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LUKA & SAMDI
V.
SAIDU

(2024) JELR 112704 (CA)

Court of Appeal 21 Mar 2024 Nigeria
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- The Court of Appeal affirmed the trial court’s dismissal of the appellants’ claims to title in land, holding that appellants failed to discharge the burden of proving their root of title through credible evidence. - Key legal principle: I

Case Details

Suit Number:CA/K/298/2017
Judges:ONYEKACHI AJA OTISI, JCA JAMES GAMBO ABUNDAGA, JCA MUSLIM SULE HASSAN, JCA
Counsel:Muhammad Etubi with A. Abdulsalam for the Respondent; Appellants are not present and not represented.
Location:Kaduna

JAMES GAMBO ABUNDAGA, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of high court of Kaduna State in Suit No. KDH/KAH/494/2008 delivered on 13th February, 2017 by Hon. Justice M.T.M. Aliyu. In the judgment the claims of the Appellants who was plaintiff in the suit was dismissed. They were not satisfied with the decision and therefore decided to appeal against it to the court of appeal vide a notice of appeal which was filed on 3/3/2017. The notice of appeal contains three grounds of appeal inclusive of the omnibus ground of appeal.

The appellants in the notice of appeal sought the following reliefs:

To allow the appeal, set aside the decision/orders of the Lower Court delivered on Monday, 13th February, 2017 and in its place to Order as per the reliefs on the amended writ of summons before the Lower Court with the exception of the Order for the release to the Appellants of it’s Certificate of Occupancy over the filing station along Zaria Road, Kaduna by t…

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