MOHAMMED
V.
GBUGBU & ORS

(2018) JELR 39170 (CA)    

Court of Appeal  ·  CA/IL/113/2017 ·  10 May 2018 ·  Nigeria
CORAM
MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
evidence
case
cross-examination
witnesses
emir of lafiagi
village head
disputed land
dr. ariyoosu
appellants case
family ownership of land
lower court
said land
witness statement
district head
learned trial judge
credible evidence
local government area of kwara state
families of babala
root of title
special damages
appellants claim
approval of his request of the said parcel
area court
brief of argument
claims
claims of appellant
close of evidence
competing claim
consent of the principal members
custodians of all land
customary right of occupancy no. edu
dr. d.a. ariyoosu
first information report
grant of a parcel of land
high court of kwara state
lafiagi emirate
lands officer of same local government
magistrates court
native of lafiagi town
respect of the said parcel of land
respondents gbugbu village
respondents statement of defence
rightful owners of the disputed land
said parcel of land
small measure
sworn witness statements
true ownership of a parcel of land
village head of respondents gbugbu village
youths of gbugbu village

BOLOUKUROMO MOSES UGO, J.C.A. (Delivering the Leading Judgment): What triggered this action is the true ownership of a parcel of land measuring 150ft by 100ft situate at respondents Gbugbu village, apparently in Lafiagi Emirate, in Edu Local Government Area of Kwara State. The appellant, a native of Lafiagi Town in the same Edu Local Government Area of Kwara State and Lands Officer of same Local Government, and the respondents, Youths of Gbugbu village, lay competing claims to the said parcel of land. Appellant hinged his claim on approval of his request of the said parcel of land by the Emir of Lafiagi, which request he claimed to have rooted through the Hakimi (District Head) and Village Head of respondents Gbugbu village. Land in Lafiagi and villages under it including Gbugbu, he claimed is owned communally and acquisition/transfer is with the approval of the Emir of Lafiagi on request made through Hakimi and Village Head. There is no individual or family ownership of land in Lafia…

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