MAIZAKI
V.
KABIRU

(2015) JELR 40294 (CA)    

Court of Appeal  ·  CA/K/280/2009 ·  12 Jun 2015 ·  Nigeria
CORAM
UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria ABDU ABOKI Justice of The Court of Appeal of Nigeria AMINA AUDI WAMBAI Justice of The Court of Appeal of Nigeria
Core Terms Beta
respondent
evidence
lower court
learned trial judge
boundaries of the land
declaration of title
owner of the land
strength of his case
trial court
burden of proof
credible evidence
hon. justice a. a. abukur
inter alia
root of title
adjacent land
counter-claimant
decision of the lower court
evidence of pw3
instant case
late husband of the respondent
rules of this court
supreme court
trial judge
anor v. alh
case of declaration of title
claim ownership
claims of the respondent
close of evidence
decision of katsina state high court
declaration of this honourable court
echi v. nnamani
evidence of dw2
extension of the principal rule of evidence law
favour of the plaintiff
idundun v. okumagba
leading judgment
notice of appeal
obvious contradiction
outset state
paras a-e
preponderance of evidence
proof of her case
prove of areas
record shows
starting point
submission of both counsel
such contradictions

AMINA AUDI WAMBAI, J.C.A.: (Delivering the Leading Judgment): This appeal is from the decision of Katsina State High Court in suit No. KTH/DM/13/2008 delivered on the 20th July, 2009 by Hon. Justice A. A. Abukur, wherein Judgment was entered in favour of the Plaintiff (now Respondent) declaring her the owner of the land in dispute against the defendant (now the Appellant).

The claims of the Respondent's, as Plaintiff, before the Lower Court were for:-

(a) "Declaration of this Honourable Court that the Plaintiff is the lawful owner of the farm in dispute.

(b) The farmland originally belongs to Danlami Plaintiff's husband.

(c) An Order of perpetual injunction restraining the Defendant his agents, privies and servant from entry or claim ownership".

The Appellant as defendant, filed a statement of claim to deny the Respondent's claim.

In proof of her case, the Respondent as Plaintiff called 3 witnesses whose case was that the farmland in dispute situate in Turare Area, of Karo village belonged …

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