(2015) JELR 40293 (CA)    

Court of Appeal  ·  CA/K/266/2014 ·  29 Jul 2015 ·  Nigeria
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
trial court
lower court
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…

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