(2018) JELR 39142 (CA)    

Court of Appeal  ·  CA/K/432/2017 ·  16 Mar 2018 ·  Nigeria
UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria OLUDOTUN ADEBOLA ADEFOPE-OKOJIE Justice of The Court of Appeal of Nigeria AMINA AUDI WAMBAI Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st appellant
lower court
trial court
ministry of lands
certificate of occupancy no.
ministry of defence
respondents vendor
kaduna state lands registry kaduna state
local government area of kaduna state
nautical miles
respondents counsel
said farmland
signature title
then government of northern nigeria
acts of ownership
long possession of the land
right of occupancy
use of the 1st appellant
approved survey plan no. kd
bedrock of their root of title
beneficial owner
case of the appellants
charge of the 1st appellants lands
conduct of the defendants
customary owners of the land
decision of the kaduna state high court
documentary evidence
document of title
further acts of trespass
grant of a statutory right of occupancy
leading judgment
naf base
paras a-f.
paras d e
paras e f
part of the 1st appellants land
part of the land
plaintiff fails
proof of his claim
respect of the large expanse of farmland
review of the evidence
security issues
statement of claim
testimony of pw2
title holder
undisturbed possession of the parcel of land
written addresses of counsel

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A.(Delivering the Leading Judgment): This is an appeal against the decision of the Kaduna State High Court, delivered by Hon. Justice D.H. Khobo on the 21st March, 2017. Dissatisfied with the decision the Appellant has appealed to this Court.

The facts leading to the instant appeal, are that the Respondent, as Plaintiff before the lower Court, sought, by his Statement of Claim dated the 21st November 2013, the following reliefs:

a) A declaration that the Plaintiff is the title holder/beneficial owner and entitled to Right of Occupancy in respect of the large expanse of farmland situate and lying at Rugan, Guza-Rigachikun in Igabi Local Government Area of Kaduna State measuring 138.803 Hectares (343.00 Acres) covered by Certificate of Occupancy No. 15925 dated 9/6/2005 registered as No. 91 at page 91 in volume 118 of the Kaduna State Lands Registry Kaduna State issued in favour of the plaintiff.

b) A declaration that the conduct of the Defendants and t…

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