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MUSA & ANOR
V.
GANA

(2021) JELR 108732 (CA)    

Court of Appeal  ·  CA/G/30/2020 ·  22 Jul 2021 ·  Nigeria
CORAM
Jummai Hannatu Sankey, JCA Tunde Oyebanji Awotoye, JCA Ebiowei Tobi, JCA

Ratio Decidendi

EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): This appeal is against the Judgment of the High Court of Justice of konduga Judicial Division, Borno State in Suit No. BOHC/KDG/CV/18/17 delivered on 4th November, 2019 by Hon. Justice M. S. Umara. The facts leading to the Appeal are concise and not complicated though both parties have different versions of the facts. The Respondent was Plaintiff in the lower court. His case in the lower court was that, he is the owner of the piece of land measuring 50ft by 95ft situate in Zannari Ward of Mafa Local Government Area. His root of title is from Mohammed Sheriff Adam who bought the land from Bulama Kunduli, PW1, the son of Malam Zannari, the original owner of the land. The title over the land moved from Malam Zannari, the original owner to PW1 who got the land from his Father Malam Zannari as his own inheritance. PW1 sold the land to Mohammed Sheriff Adam who eventually sold it to the Respondent in 2010. He could not exercise ownersh…

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