(2010) JELR 46469 (CA)    

Court of Appeal  ·  CA/A/197/07 ·  15 Feb 2010 ·  Nigeria
JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria ABDU ABOKI Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria
Core Terms Beta
nwlr pt
record of appeal
mallam gwari
senior counsel
kpotu tukura
traditional evidence
grounds of appeal
ibrahim isiyaku
trial court
biological children of late kpotu
father shaba galadima
traditional history
abdu aboki
disputed land
favour of the plaintiff
first person
ochai j. ogaba
statement of defence
1.their father
2.his father
act of possession
appellants brief of argument
claim of ownership of the disputed land
cross appeal
declaration of title
disputed portion of a number
elder brothers
end of hearing of evidence
evidence of acquisition
fact of the case
leading judgment
lead judgment of my lord
learned trial judge
making of his farm produce
plaintiff claim
possession of the land
preponderance of evidence
said kpotu tukura

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment) This is an appeal against the decision of Fati Lami Abubakar J. of the High Court of Niger State sitting at Minna delivered on 7/12/2005.

The fact of the case is briefly stated as follow:- The Respondent before this Court who was the plaintiff at the trial Court sued the Appellant who were the Defendants for a declaration of title to a farmland lying and situate at Tsohon Daga. The identify of the subject matter of the suit was not in dispute. The plaintiff relied on traditional history and act of possession to establish evidence of acquisition and claim of ownership of the disputed land.

The Defendants on their part did not counter-claim but relied on traditional history as evidenced in their statement of defence.

The trial Court found in favour of the Plaintiff. The Defendant dissatisfied with the decision of the trial court appealed to this Court.

The Plaintiff/Respondent's claim at the Court as contained paragraph 11 of his sta…

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