MAMMAN & ORS
V.
KOFAR-BAI

(2015) JELR 40293 (CA)

Court of Appeal · CA/K/266/2014 · 29 Jul 2015 · Nigeria

CORAM

UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria HABEEB ADEWALE OLUMUYIWA ABIRU Justice of The Court of Appeal of Nigeria OLUDOTUN ADEBOLA ADEFOPE-OKOJIE Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

evidence

appellants

trial court

lower court

counsel

witnesses

first plaintiff witness

late father

learned trial judge

alhaji magaji unguwar jaji

case of the appellants

learned trial chief judge

area court ii

ownership of the said house

nscqr page

nwlr part

record of proceedings

testimony of pw1

application of the principle of hearsay

evidence of dw1

late father mamman garba

leading judgment

portion of the land

preponderance of evidence

preponderant evidence

case of ejioffor vs

chief judge

decision of the trial court

inspection of property

judgment of the katsina state high court

notice of appeal

oral testimonies of pw1

ownership of the disputed house

oyadigi v. olaniyi

paras e

pleadings of the parties viz

property of the plaintiffs

records of proceedings

rules of this court

said house

subject matter of litigation

subject of dispute

vs nswic

woluchem vs gudi

UWANI MUSA ABBA AJI, J.C.A. (Delivering the leading Judgment): This is an appeal against the judgment of the Katsina State High Court, sitting at Katsina, delivered by Hon. Justice Abdullahi Yusuf (The chief Judge) on the 5th day of March, 2014. The Appellants commenced this action in the lower Court in Suit No. KTH/17/2013 against the Respondent and their claims were as follows:

a. A declaration that the house situated at Kofar-Bai quarters near Hamdana Mosque close to Magatakarda's house bordering from east by the main road, from the north by Alh. Tijjani's house from the south by the house of Lawal Na Gambarawa from the west bordering the house of Kabir MaiGyaran Radio is the property of the Plaintiffs by virtue of inheritance from their late father Mamman Garba.

b. An order directing the Defendant to quit from the said house the subject of this litigation and give quite possession to the Plaintiffs forthwith.

c. An order of perpetual injunction restraining the Defendant, his serva…

MAMMAN & ORS V. KOFAR-BAI

MAMMAN & ORS
V.
KOFAR-BAI